Full Text of SB1459 100th General Assembly
SB1459sam002 100TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 4/24/2017
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| 1 | | AMENDMENT TO SENATE BILL 1459
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1459 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Notary Public Act is amended by | 5 | | adding Section 1-105 as follows: | 6 | | (5 ILCS 312/1-105 new) | 7 | | Sec. 1-105. Notarization Task Force on Best Practices and | 8 | | Verification Standards to Implement Electronic Notarization. | 9 | | (a) The General Assembly finds and declares that: | 10 | | (1) As more and more citizens throughout the State of | 11 | | Illinois rely on electronic devices they also increasing | 12 | | depend on electronic documentation. Any assertion that | 13 | | e-mails or word processing documents are necessarily | 14 | | "informal and not legally binding" has been dispelled by | 15 | | national legislation such as the federal "E-Sign" law in | 16 | | 2000 and the Uniform Electronic Transactions Act, which has |
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| 1 | | been virtually universally adopted throughout the United | 2 | | States. Increasingly, laws have bestowed upon electronic | 3 | | documents the same legal effect as paper instruments. | 4 | | (2) Moreover, institutions, businesses, and commerce | 5 | | have gradually put more of their faith in electronic | 6 | | commerce and information technology in order to facilitate | 7 | | formal and informal interactions that are oftentimes | 8 | | mission-critical and sensitive. In order to meet the | 9 | | growing demand for electronic commerce that is both | 10 | | convenient and secure, understanding the processes and | 11 | | technology is critical and the need for an electronic or | 12 | | remote notarization - the process of notarizing a signature | 13 | | on an electronic document by electronic methods - is | 14 | | becoming a necessity. | 15 | | (b) As used in this Section, "Task Force" means the | 16 | | Notarization Task Force on Best Practices and Verification | 17 | | Standards to Implement Electronic Notarization. | 18 | | (c) There is created a Notarization Task Force on Best | 19 | | Practices and Verification Standards to Implement Electronic | 20 | | Notarization to review and report on national standards for | 21 | | best practices in relation to electronic notarization, | 22 | | including security concerns and fraud prevention. The goal of | 23 | | the Task Force is to investigate and provide recommendations on | 24 | | national and State initiatives to implement electronic | 25 | | notarization in such a manner that increases the availability | 26 | | to notary public services, protects consumers, and maintains |
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| 1 | | the integrity of the notarization seal and signature. | 2 | | (d) The Task Force's report shall include, but not be | 3 | | limited to, standards for an electronic signature, including | 4 | | encryption and decryption; the application process for | 5 | | electronic notarial commission; and the training of notaries on | 6 | | electronic notarization standards and best practices prior to | 7 | | the commission of an electronic notary's electronic signature. | 8 | | The report shall also evaluate and make a recommendation on | 9 | | fees for notary application and commission, on which documents | 10 | | and acts can be attested to by electronic notaries, and on | 11 | | security measures that will protect the integrity of the | 12 | | electronic notary's electronic signature, as well as standards | 13 | | that the Secretary of State may rely upon for revoking an | 14 | | electronic notarization. The report must make a recommendation | 15 | | on whether and to what extent this Act should be expanded and | 16 | | updated. | 17 | | (e) The Task Force shall meet no less than 5 times between | 18 | | the effective date of this amendatory Act of the 100th General | 19 | | Assembly and December 31, 2019. The Task Force shall prepare a | 20 | | report that summarizes its work and makes recommendations | 21 | | resulting from its review. The Task Force shall submit the | 22 | | report of its findings and recommendations to the Governor and | 23 | | the General Assembly no later than June 30, 2020. | 24 | | (f) The Task Force shall consist of the following 17 | 25 | | members: | 26 | | (1) one member appointed by the Secretary of State from |
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| 1 | | the Index Department of the Office of the Secretary of | 2 | | State; | 3 | | (2) one member appointed by the Secretary of State from | 4 | | the Department of Information Technology of the Office of | 5 | | the Secretary of State; | 6 | | (3) one member appointed by the President of the | 7 | | Senate; | 8 | | (4) one member appointed by the Minority Leader of the | 9 | | Senate; | 10 | | (5) one member appointed by the Speaker of the House of | 11 | | Representatives; | 12 | | (6) one member appointed by the Minority Leader of the | 13 | | House of Representatives; | 14 | | (7) one member appointed by the Attorney General; | 15 | | (8) one member appointed by the Secretary of State from | 16 | | nominations made by the president of a statewide | 17 | | organization representing state's attorneys; | 18 | | (9) one member appointed by the Secretary of State from | 19 | | nominations made by a statewide organization representing | 20 | | attorneys; | 21 | | (10) one member appointed by the Secretary of State | 22 | | from nominations made by an organization representing | 23 | | attorneys in a municipality of more than 1,000,000 | 24 | | inhabitants; | 25 | | (11) one member appointed by the Secretary of State | 26 | | from nominations made by a statewide organization |
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| 1 | | representing bankers; | 2 | | (12) one member appointed by the Secretary of State | 3 | | from nominations made by a statewide organization | 4 | | representing community bankers; | 5 | | (13) one member appointed by the Secretary of State | 6 | | from nominations made by a statewide organization | 7 | | representing credit unions; | 8 | | (14) one member appointed by the Secretary of State | 9 | | from nominations made by a statewide organization | 10 | | representing corporate fiduciaries; | 11 | | (15) one member appointed by the Secretary of State | 12 | | from nominations made by an organization representing | 13 | | realtors in a municipality of more than 1,000,000 | 14 | | inhabitants; | 15 | | (16) one member appointed by the Secretary of State | 16 | | from nominations made by a statewide organization | 17 | | representing realtors; and | 18 | | (17) one member appointed by the Secretary of State | 19 | | from nominations made by a statewide chapter of a national | 20 | | organization representing elder law attorneys. | 21 | | (g) The Secretary of State shall designate which member | 22 | | shall serve as chairperson and facilitate the Task Force. The | 23 | | members of the Task Force shall be appointed no later than 90 | 24 | | days after the effective date of this amendatory Act of the | 25 | | 100th General Assembly. Vacancies in the membership of the Task | 26 | | Force shall be filled in the same manner as the original |
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| 1 | | appointment. The members of the Task Force shall not receive | 2 | | compensation for serving as members of the Task Force. | 3 | | (h) The Office of the Secretary of State shall provide the | 4 | | Task Force with administrative and other support. | 5 | | (i) This Section is repealed on July 1, 2020.
| 6 | | Section 99. Effective date. This Act takes effect July 1, | 7 | | 2017.".
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