Illinois General Assembly - Full Text of HB0351
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Full Text of HB0351  103rd General Assembly


Sen. Don Harmon

Filed: 10/24/2023





10300HB0351sam001LRB103 03878 AWJ 64806 a


2    AMENDMENT NO. ______. Amend House Bill 351 on page 1,
3immediately above line 4, by inserting the following:
4    "Section 3. The Illinois Notary Public Act is amended by
5changing Section 3-107 as follows:
6    (5 ILCS 312/3-107)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 3-107. Journal.
10    (a) A notary public or an electronic notary public shall
11keep a journal of each notarial act or electronic notarial act
12which includes, without limitation, the requirements set by
13the Secretary of State in administrative rule, but shall not
14include any electronic signatures of the person for whom an
15electronic notarial act was performed or any witnesses.
16    (b) The Secretary of State shall adopt administrative



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1rules 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
10journal in either paper form or electronic form and may
11maintain more than one journal or electronic journal to record
12notarial acts or electronic notarial acts.
13    (d) The fact that the employer or contractor of a notary or
14electronic notary public keeps a record of notarial acts or
15electronic notarial acts does not relieve the notary public of
16the duties required by this Section. A notary public or
17electronic notary public shall not surrender the journal to an
18employer upon termination of employment and an employer shall
19not retain the journal of an employee when the employment of
20the notary public or electronic notary public ceases.
21    (e) If the journal of a notary public or electronic notary
22public is lost, stolen, or compromised, the notary or
23electronic notary shall notify the Secretary of State within
2410 business days after the discovery of the loss, theft, or
25breach of security.
26    (f) Notwithstanding any other provision of this Section or



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1any rules adopted under this Section, neither a notary public
2nor an electronic notary public is required to keep a journal
3of or to otherwise record in a journal a notarial act or an
4electronic notarial act if that act is performed on any of the
5following documents to be filed by or on behalf of a candidate
6for 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
13of whether the notarial act or electronic notarial act is
14performed on the documents described in paragraphs (1) through
15(5) of this subsection before, on, or after the effective date
16of this amendatory Act of the 103rd General Assembly, and the
17failure of a notary public or an electronic notary public to
18keep a journal of or to otherwise record such an act does not
19affect the validity of the notarial act on that document and is
20not 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
22Election Code.
23(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
24effective date of P.A. 102-160).)"; and
25on page 2, line 10, by replacing "State Board of Elections"



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1with "Illinois Sentencing Policy Advisory Council"; and
2on page 2, line 22, by replacing "Illinois Sentencing Policy
3Advisory Council" with "State Board of Elections"; and
4on page 2, line 26, by replacing "Council" with "State Board of
5Elections"; and
6on page 3, lines 7 and 8, by replacing "Illinois Sentencing
7Policy Advisory Council" with "State Board of Elections"; and
8on page 3, line 24, by replacing "2024" with "2025"; and
9on page 3, line 25, by replacing "2025" with "2026"; and
10on page 9, immediately above line 10, by inserting the
12    "Section 90. The General Assembly finds that the Office of
13the Secretary of State filed the rules necessary to implement
14Public Act 102-160 on June 5, 2023. This Act amends Public Act
15102-160 in accordance with that finding.
16    Section 91. "An Act concerning government", approved July
1723, 2021, Public Act 102-160, is amended by changing Section
1899 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,
32023 (the date of the filing of the later of: (1) January 1,
42022; or (2) the date on which the Office of the Secretary of
5State files with the Index Department of the Office of the
6Secretary of State a notice that the Office of the Secretary of
7State has adopted the rules necessary to implement this Act),
8and upon the filing of the notice, the Index Department shall
9provide a copy of the notice to the Legislative Reference
10Bureau; except that, the changes to Sections 1-106, 2-103, and
112-106 of the Illinois Notary Public Act take effect July 1,
13(Source: P.A. 102-160.)
14    Section 95. No acceleration or delay. Except for the
15changes to Section 99 of Public Act 102-160, where this Act
16makes changes in a statute that is represented in this Act by
17text that is not yet or no longer in effect (for example, a
18Section represented by multiple versions), the use of that
19text does not accelerate or delay the taking effect of (i) the
20changes made by this Act or (ii) provisions derived from any
21other Public Act.".