Full Text of HB0351 103rd General Assembly
HB0351sam001 103RD GENERAL ASSEMBLY | Sen. Don Harmon Filed: 10/24/2023 | | 10300HB0351sam001 | | LRB103 03878 AWJ 64806 a |
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| 1 | | AMENDMENT TO HOUSE BILL 351
| 2 | | AMENDMENT NO. ______. Amend House Bill 351 on page 1, | 3 | | immediately above line 4, by inserting the following: | 4 | | "Section 3. The Illinois Notary Public Act is amended by | 5 | | changing Section 3-107 as follows: | 6 | | (5 ILCS 312/3-107) | 7 | | (This Section may contain text from a Public Act with a | 8 | | delayed effective date ) | 9 | | Sec. 3-107. Journal. | 10 | | (a) A notary public or an electronic notary public shall | 11 | | keep a journal of each notarial act or electronic notarial act | 12 | | which includes, without limitation, the requirements set by | 13 | | the Secretary of State in administrative rule, but shall not | 14 | | include any electronic signatures of the person for whom an | 15 | | electronic notarial act was performed or any witnesses. | 16 | | (b) The Secretary of State shall adopt administrative |
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| 1 | | rules that set forth, at a minimum: | 2 | | (1) the information to be recorded for each | 3 | | notarization or electronic notarization; | 4 | | (2) the period during which the notary public or | 5 | | electronic notary public must maintain the journal; and | 6 | | (3) the minimum security requirements for protecting | 7 | | the information in the journal and access to the contents | 8 | | of the journal. | 9 | | (c) A notary or electronic notary may maintain his or her | 10 | | journal in either paper form or electronic form and may | 11 | | maintain more than one journal or electronic journal to record | 12 | | notarial acts or electronic notarial acts. | 13 | | (d) The fact that the employer or contractor of a notary or | 14 | | electronic notary public keeps a record of notarial acts or | 15 | | electronic notarial acts does not relieve the notary public of | 16 | | the duties required by this Section. A notary public or | 17 | | electronic notary public shall not surrender the journal to an | 18 | | employer upon termination of employment and an employer shall | 19 | | not retain the journal of an employee when the employment of | 20 | | the notary public or electronic notary public ceases. | 21 | | (e) If the journal of a notary public or electronic notary | 22 | | public is lost, stolen, or compromised, the notary or | 23 | | electronic notary shall notify the Secretary of State within | 24 | | 10 business days after the discovery of the loss, theft, or | 25 | | breach of security. | 26 | | (f) Notwithstanding any other provision of this Section or |
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| 1 | | any rules adopted under this Section, neither a notary public | 2 | | nor an electronic notary public is required to keep a journal | 3 | | of or to otherwise record in a journal a notarial act or an | 4 | | electronic notarial act if that act is performed on any of the | 5 | | following documents to be filed by or on behalf of a candidate | 6 | | for public office: | 7 | | (1) nominating petitions; | 8 | | (2) petitions of candidacy; | 9 | | (3) petitions for nomination; | 10 | | (4) nominating papers; or | 11 | | (5) nomination papers. | 12 | | The exemption under this subsection (f) applies regardless | 13 | | of whether the notarial act or electronic notarial act is | 14 | | performed on the documents described in paragraphs (1) through | 15 | | (5) of this subsection before, on, or after the effective date | 16 | | of this amendatory Act of the 103rd General Assembly, and the | 17 | | failure of a notary public or an electronic notary public to | 18 | | keep a journal of or to otherwise record such an act does not | 19 | | affect the validity of the notarial act on that document and is | 20 | | not a violation of this Act. As used in this subsection (f), | 21 | | "public office" has the meaning given in Section 9-1.10 of the | 22 | | Election Code. | 23 | | (Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for | 24 | | effective date of P.A. 102-160).)"; and | 25 | | on page 2, line 10, by replacing " State Board of Elections " |
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| 1 | | with " Illinois Sentencing Policy Advisory Council "; and | 2 | | on page 2, line 22, by replacing " Illinois Sentencing Policy | 3 | | Advisory Council " with " State Board of Elections "; and | 4 | | on page 2, line 26, by replacing " Council " with " State Board of | 5 | | Elections "; and | 6 | | on page 3, lines 7 and 8, by replacing " Illinois Sentencing | 7 | | Policy Advisory Council " with " State Board of Elections "; and | 8 | | on page 3, line 24, by replacing " 2024 " with " 2025 "; and | 9 | | on page 3, line 25, by replacing " 2025 " with " 2026 "; and | 10 | | on page 9, immediately above line 10, by inserting the | 11 | | following: | 12 | | "Section 90. The General Assembly finds that the Office of | 13 | | the Secretary of State filed the rules necessary to implement | 14 | | Public Act 102-160 on June 5, 2023. This Act amends Public Act | 15 | | 102-160 in accordance with that finding. | 16 | | Section 91. "An Act concerning government", approved July | 17 | | 23, 2021, Public Act 102-160, is amended by changing Section | 18 | | 99 as follows: |
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| 1 | | (P.A. 102-160, Sec. 99) | 2 | | Sec. 99. Effective date. This Act takes effect on June 5, | 3 | | 2023 (the date of the filing of the later of: (1) January 1, | 4 | | 2022; or (2) the date on which the Office of the Secretary of | 5 | | State files with the Index Department of the Office of the | 6 | | Secretary of State a notice that the Office of the Secretary of | 7 | | State has adopted the rules necessary to implement this Act ) , | 8 | | and upon the filing of the notice, the Index Department shall | 9 | | provide a copy of the notice to the Legislative Reference | 10 | | Bureau; except that , the changes to Sections 1-106, 2-103, and | 11 | | 2-106 of the Illinois Notary Public Act take effect July 1, | 12 | | 2022. | 13 | | (Source: P.A. 102-160.) | 14 | | Section 95. No acceleration or delay. Except for the | 15 | | changes to Section 99 of Public Act 102-160, where this Act | 16 | | makes changes in a statute that is represented in this Act by | 17 | | text that is not yet or no longer in effect (for example, a | 18 | | Section represented by multiple versions), the use of that | 19 | | text does not accelerate or delay the taking effect of (i) the | 20 | | changes made by this Act or (ii) provisions derived from any | 21 | | other Public Act.". |
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