(15 ILCS 305/5) (from Ch. 124, par. 5)
Sec. 5. It shall be the duty of the Secretary of State:
1. To countersign and affix the seal of state to all |
| commissions required by law to be issued by the Governor.
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2. To make a register of all appointments by the
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| Governor, specifying the person appointed, the office conferred, the date of the appointment, the date when bond or oath is taken and the date filed. If Senate confirmation is required, the date of the confirmation shall be included in the register.
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3. To make proper indexes to public acts,
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| resolutions, papers and documents in the Secretary's office.
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3-a. To review all rules of all State agencies
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| adopted in compliance with the codification system prescribed by the Secretary. The review shall be for the purposes and include all the powers and duties provided in the Illinois Administrative Procedure Act. The Secretary of State shall cooperate with the Legislative Information System to insure the accuracy of the text of the rules maintained under the Legislative Information System Act.
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4. To give any person requiring the same paying the
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| lawful fees therefor, a copy of any law, act, resolution, record or paper in the Secretary's office, and attach thereto the Secretary's certificate, under the seal of the state.
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5. To take charge of and preserve from waste, and
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| keep in repair, the houses, lots, grounds and appurtenances, situated in the City of Springfield, and belonging to or occupied by the State, the care of which is not otherwise provided for by law, and to take charge of and preserve from waste, and keep in repair, the houses, lots, grounds and appurtenances, situated in the State outside the City of Springfield where such houses, lots, grounds and appurtenances are occupied by the Secretary of State and no other State officer or agency.
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6. To supervise the distribution of the laws.
7. To perform such other duties as may be required by
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| law. The Secretary of State may, within appropriations authorized by the General Assembly, maintain offices in the State Capital and in such other places in the State as the Secretary may deem necessary to properly carry out the powers and duties vested in the Secretary by law.
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8. In addition to all other authority granted to the
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| Secretary by law, subject to appropriation, to make grants or otherwise provide assistance to, among others without limitation, units of local government, school districts, educational institutions, private agencies, not-for-profit organizations, and for-profit entities for the health, safety, and welfare of Illinois residents for purposes related to education, transportation, construction, capital improvements, social services, and any other lawful public purpose. Upon request of the Secretary, all State agencies are mandated to provide the Secretary with assistance in administering the grants.
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9. To notify the Auditor General of any Public Act
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| filed with the Office of the Secretary of State making an appropriation or transfer of funds from the State treasury. This paragraph (9) applies only through June 30, 2015.
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10. To accept service of process only in those
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| specifically mandated areas of the law and as determined by the General Assembly. The Secretary of State is not the default agent for service of process in the State of Illinois.
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(Source: P.A. 102-591, eff. 1-1-22.)
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(15 ILCS 305/5.5)
Sec. 5.5. Secretary of State fees. There shall be paid to
the Secretary of State the following fees:
For certificate or apostille, with seal: $2.
For each certificate, without seal: $1.
For each commission to any officer or other person (except military
commissions), with seal: $2.
For copies of exemplifications of records, or for a certified copy of any
document, instrument, or paper when not otherwise provided by law, and
it does not exceed legal size: $0.50 per page or any portion
of a page; and
$2 for the certificate, with seal affixed.
For copies of exemplifications of records or a certified copy of any
document, instrument, or paper, when not otherwise provided for by law,
that exceeds legal size: $1 per page or any portion of a
page; and $2 for
the certificate, with seal affixed.
For copies of bills or other papers: $0.50 per page or any
portion
of a page; and $2 for the certificate, with seal
affixed, except that
there shall be no charge for making or certifying copies that are furnished
to any governmental agency for official use.
For recording a duplicate of an affidavit showing the appointment of
trustees
of a religious corporation: $0.50; and $2 for the certificate of
recording,
with seal affixed.
For filing and recording an application under the Soil Conservation
Districts Law and making and issuing a certificate for the application, under seal:
$10.
For recording any other document, instrument, or paper required or
permitted to be recorded with the Secretary of State, which recording shall
be done by any approved photographic or photostatic process, if
the page
to be recorded does not exceed legal size and the fees and charges therefor
are not otherwise fixed by law: $0.50 per page or any portion of
a page; and $2
for the certificate of recording, with seal affixed.
For recording any other document, instrument, or paper required or
permitted to be recorded with the Secretary of State, which recording shall
be done by any approved photographic or photostatic process, if
the page
to be recorded exceeds legal size and the fees and charges therefor are not
otherwise fixed by law: $1 per page or any portion of a page; and $2 for the
certificate of recording attached to the original, with seal
affixed.
For each duplicate certified copy of a school land patent: $3.
For each photostatic copy of a township plat: $2.
For each page of a photostatic copy of surveyors field notes: $2.
For each page of a photostatic copy of a state land patent, including
certification: $4.
For each page of a photostatic copy of a swamp land grant: $2.
For each page of photostatic copies of all other instruments or
documents relating to land records: $2.
For any payment to the Secretary of
State when it has not been honored: $25.
For any research request received after the effective date of the changes
made to this Section by this
amendatory Act of the 93rd General Assembly by an out-of-State or non-Illinois
resident: $10,
prepaid and nonrefundable, for which the requester will receive up to 2
unofficial
noncertified copies of the records requested. The fees under this paragraph
shall be deposited into
the
General Revenue Fund.
The Illinois State Archives is authorized to charge reasonable fees to
reimburse the cost of production and distribution of copies of finding aids to
the
records that it holds or copies of published versions or editions of those
records
in printed, microfilm, or electronic formats. The fees under this paragraph
shall be deposited
into
the
General Revenue Fund.
As used in this Section, "legal size" means a sheet of paper that is 8.5
inches wide and 14 inches long, or written or printed matter on a sheet of
paper that does not exceed that width and length, or either of them.
(Source: P.A. 97-835, eff. 1-1-13; 98-1149, eff. 12-31-14.)
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(15 ILCS 305/5.15) Sec. 5.15. Deposit of wills. (a) Definitions. As used in this Section: "Depositor" means an attorney licensed or formerly licensed to practice in the State of Illinois, the attorney's representative, the guardian for the attorney, or the personal representative of the attorney's decedent's estate. "Testator" means a person who executed a will, other than as a witness or official to whom acknowledgment of signing was given. "Will" refers to an original: (1) will; (2) codicil; (3) will and one or more codicils; (4) trust; or (5) trust and one or more trust amendments. (b) Deposit of wills. A depositor may deposit a will with the Secretary of State if the depositor certifies in writing to the Secretary of State that the depositor is unable to locate the testator after a diligent search. The certification shall be on a form to be provided by the Secretary. This Section applies whether it is known or unknown whether the testator is living.
(c) Assumptions. The Secretary of State may assume, without inquiring into the facts, that the depositor has first made a diligent search for the testator. (d) Fee. The Secretary of State shall collect a fee of $15 for each deposit of a will. The Secretary of State shall not collect a separate fee for additional documents concurrently deposited in relation to a single testator or for a single joint will prepared for a husband and wife.
(e) Duty of Secretary of State upon receipt. Upon receipt of a will under this Section, the Secretary of State shall: (1) provide the depositor with a receipt for the |
| will, which receipt shall contain the information designated on the envelope in accordance with paragraph (3) of this subsection;
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(2) place the will or wills deposited concurrently in
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| relation to a single testator in one envelope and seal the envelope securely in the presence of the depositor or depositor's agent;
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(3) designate on the envelope:
(A) the date of deposit;
(B) the name, address, and telephone number of
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(C) the name and last known address of the
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| testator as provided by the depositor;
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(D) at the depositor's option, any and all of the
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(i) alternate names by which the testator
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(ii) the testator's birth date, and
(iii) the last 4 digits of the testator's
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| Social Security number; and
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(E) with respect to each document enclosed:
(i) a short description of the document,
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| including, if shown, its date of execution; and
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(ii) the number of pages in the document; and
(4) index the will alphabetically by the name of the
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| testator, and by the alternate names set forth by which the testator may have been known.
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(f) Status as a public record. An envelope and will deposited under this Section are not public records. The index created under item (4) of subsection (e) is a public record.
(g) Duty of Secretary of State during testator's lifetime. During the testator's lifetime, the Secretary of State shall:
(1) keep the envelope containing the will sealed; and
(2) deliver the envelope to:
(i) the testator;
(ii) a person authorized, in writing signed by
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| the testator and notarized, to receive the envelope; or
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(iii) a person, entity, court, or government
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| agency authorized to receive the envelope pursuant to an order entered by a court of competent jurisdiction.
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(h) Duty of Secretary of State upon notification of death of testator. If the Secretary of State has custody of the will after the death of the testator and is notified of the death of the testator by means of a certified copy of the testator's death certificate or by a certified copy of an order of court determining the testator to be deceased, upon receipt of payment of a retrieval fee in the amount of $10, the Secretary of State shall promptly deliver the sealed will envelope to the clerk of the circuit court of the county in which the probate of the testator's will may occur as determined under Section 5-1 of the Probate Act of 1975 (755 ILCS 5/5-1).
(i) Duties of Secretary of State upon inquiry. Upon inquiry by a person identified in paragraph (2) of subsection (g), or upon inquiry of any person presenting a certified copy of the testator's death certificate or a certified copy of an order of a court determining the testator to be deceased, the Secretary of State shall inform the person whether the name of the relevant testator appears in the Secretary of State's index of wills. For the purposes of this subsection, the Secretary of State need not be certain that the testator is the one being inquired about, but may release that information if it is possible that the testator is that one.
(j) Destruction of will. The Secretary of State may destroy a will deposited under this Section if:
(1) the Secretary of State has not received notice
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| of the death of the testator; and
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(2) at least 100 years have passed since the date the
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(k) All fees received by the Secretary of State under this Section must be deposited into the Secretary of State Special Services Fund.
(Source: P.A. 96-137, eff. 1-1-10.)
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(15 ILCS 305/5.20) Sec. 5.20. Apostilles and certifications. (a) A request for an apostille or a certification shall be submitted on the form prescribed by the Secretary of State and must be accompanied by the lawful fee for the apostille or certification. (b) The Secretary of State may refuse to issue an apostille or certification if: (1) the document has not been certified by the |
| appropriate authority, if applicable;
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(2) the document has not been properly notarized in
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| accordance with the Illinois Notary Public Act, if applicable;
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(3) the document submitted to the Secretary of State
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| is not an original document;
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(4) the document is intended for use in the United
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| States or in a country not party to the Hague Legalization Convention, if applicable;
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(5) the document makes a claim regarding or purports
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| to affect citizenship, immunity, allegiance to a government or jurisdiction, sovereignty, or any similar or related matter; or
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(6) the Secretary of State has reasonable cause to
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| believe the document may be used to accomplish any fraudulent, criminal, or unlawful purpose.
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(c) A person may not remove an apostille, certification, any part of the apostille or certification, or the "great seal of the State of Illinois" from any document to which the Secretary of State has affixed it. This act or any attempt to do so shall render the apostille or certification invalid.
(d) The Secretary of State shall have the power and authority reasonably necessary to administer this Section efficiently, to perform the duties imposed by this Section, and to adopt rules relating to those duties, in accordance with the Illinois Administrative Procedure Act.
(Source: P.A. 98-170, eff. 8-5-13.)
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(15 ILCS 305/14) Sec. 14. Inspector General. (a) The Secretary of State must, with the advice and consent of the Senate,
appoint an Inspector General for the purpose of detection, deterrence, and
prevention of fraud,
corruption, mismanagement, gross or aggravated misconduct, or misconduct
that may be criminal in nature in the Office of the Secretary of State. The
Inspector General shall serve a 5-year term.
If no successor is appointed and qualified upon the
expiration of the Inspector General's term, the Office of Inspector General is
deemed vacant and the powers and duties under this Section may be exercised
only by an appointed and qualified interim Inspector General until a successor
Inspector General is appointed and qualified.
If the General Assembly is not in session when a vacancy in the Office of
Inspector General occurs, the Secretary of State may appoint an interim
Inspector General whose term shall expire 2 weeks after the next
regularly scheduled session day of the Senate. (b) The Inspector General shall have the following qualifications: (1) has not been convicted of any felony under the |
| laws of this State, another State, or the United States;
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(2) has earned a baccalaureate degree from an
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| institution of higher education; and
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(3) has either (A) 5 or more years of service with a
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| federal, State, or local law enforcement agency, at least 2 years of which have been in a progressive investigatory capacity; (B) 5 or more years of service as a federal, State, or local prosecutor; or (C) 5 or more years of service as a senior manager or executive of a federal, State, or local agency.
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(c) The Inspector General may review, coordinate, and recommend methods and
procedures to increase the integrity of the Office of the Secretary of State.
The duties of the Inspector General shall
supplement and not supplant the duties of the Chief Auditor for the Secretary
of State's Office or any other Inspector General that may be authorized by law.
The Inspector General must report directly to the Secretary
of State.
(d) In addition to the authority otherwise provided by this Section, but
only when investigating the Office of the Secretary of State, its employees, or
their actions for
fraud, corruption, mismanagement, gross or aggravated misconduct, or
misconduct that may be criminal in nature, the Inspector General is
authorized:
(1) To have access to all records, reports, audits,
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| reviews, documents, papers, recommendations, or other materials available that relate to programs and operations with respect to which the Inspector General has responsibilities under this Section.
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(2) To make any investigations and reports relating
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| to the administration of the programs and operations of the Office of the Secretary of State that are, in the judgment of the Inspector General, necessary or desirable.
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(3) To request any information or assistance that may
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| be necessary for carrying out the duties and responsibilities provided by this Section from any local, State, or federal governmental agency or unit thereof.
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(4) To require by subpoena the appearance of
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| witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the functions assigned by this Section, with the exception of subsection (c) and with the exception of records of a labor organization authorized and recognized under the Illinois Public Labor Relations Act to be the exclusive bargaining representative of employees of the Secretary of State, including, but not limited to, records of representation of employees and the negotiation of collective bargaining agreements. A subpoena may be issued under this paragraph (4) only by the Inspector General and not by members of the Inspector General's staff. A person duly subpoenaed for testimony, documents, or other items who neglects or refuses to testify or produce documents or other items under the requirements of the subpoena shall be subject to punishment as may be determined by a court of competent jurisdiction, unless (i) the testimony, documents, or other items are covered by the attorney-client privilege or any other privilege or right recognized by law or (ii) the testimony, documents, or other items concern the representation of employees and the negotiation of collective bargaining agreements by a labor organization authorized and recognized under the Illinois Public Labor Relations Act to be the exclusive bargaining representative of employees of the Secretary of State. Nothing in this Section limits a person's right to protection against self-incrimination under the Fifth Amendment of the United States Constitution or Article I, Section 10, of the Constitution of the State of Illinois.
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(5) To have direct and prompt access to the Secretary
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| of State for any purpose pertaining to the performance of functions and responsibilities under this Section.
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(d-5) In addition to the authority otherwise provided by this Section, the Secretary of State Inspector General shall have jurisdiction to investigate complaints and allegations of wrongdoing by any person or entity related to the Lobbyist Registration Act. When investigating those complaints and allegations, the Inspector General is authorized:
(1) To have access to all records, reports, audits,
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| reviews, documents, papers, recommendations, or other materials available that relate to programs and operations with respect to which the Inspector General has responsibilities under this Section.
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(2) To request any information or assistance that may
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| be necessary for carrying out the duties and responsibilities provided by this Section from any local, State, or federal governmental agency or unit thereof.
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(3) To require by subpoena the appearance of
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| witnesses and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the functions assigned by this Section. A subpoena may be issued under this paragraph (3) only by the Inspector General and not by members of the Inspector General's staff. A person duly subpoenaed for testimony, documents, or other items who neglects or refuses to testify or produce documents or other items under the requirements of the subpoena shall be subject to punishment as may be determined by a court of competent jurisdiction, unless the testimony, documents, or other items are covered by the attorney-client privilege or any other privilege or right recognized by law. Nothing in this Section limits a person's right to protection against self-incrimination under the Fifth Amendment of the United States Constitution or Section 10 of Article I of the Constitution of the State of Illinois.
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(4) To have direct and prompt access to the Secretary
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| of State for any purpose pertaining to the performance of functions and responsibilities under this Section.
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(5) As provided in subsection (d) of Section 5 of the
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| Lobbyist Registration Act, to review allegations that an individual required to be registered under the Lobbyist Registration Act has engaged in one or more acts of sexual harassment. Upon completion of that review, the Inspector General shall submit a summary of the review to the Executive Ethics Commission. The Inspector General is authorized to file pleadings with the Executive Ethics Commission, through the Attorney General, if the Attorney General finds that reasonable cause exists to believe that a violation regarding acts of sexual harassment has occurred. The Secretary shall adopt rules setting forth the procedures for the review of such allegations.
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(e) The Inspector General may receive and investigate complaints or
information concerning the possible
existence of an activity constituting a violation of law, rules, or
regulations; mismanagement; abuse of authority; or substantial and specific
danger to the public health and safety. Any person
who knowingly files a
false
complaint or files a complaint with reckless disregard for the truth or the
falsity
of the facts underlying the complaint may be subject to discipline as set forth
in the rules of the Department of Personnel of the Secretary of State or the Inspector General may refer the matter to a State's Attorney or the Attorney General.
The Inspector General may not, after receipt of a complaint or information, disclose the
identity of the source
without the consent of the source, unless the
Inspector General determines that
disclosure of the identity is reasonable and necessary for the furtherance of
the
investigation.
Any employee who has the authority to recommend or
approve any personnel action or to direct others to recommend or approve any
personnel action may not, with respect to that authority, take or threaten to
take any action against any employee as a reprisal for making a
complaint or disclosing information to the Inspector General, unless the
complaint was made or the information disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
(f) The Inspector General must adopt rules, in accordance with the
provisions of the Illinois Administrative Procedure Act, establishing minimum
requirements for initiating, conducting, and completing investigations. The
rules must establish criteria for determining, based upon the nature of the
allegation, the appropriate method of investigation, which may include, but is
not limited to, site visits, telephone contacts, personal interviews, or
requests for written responses. The rules must also clarify how the Office of
the Inspector General shall interact with other local, State, and federal law
enforcement investigations.
Any employee of the Secretary of State subject to investigation or inquiry
by the Inspector General or any agent or representative of the Inspector
General concerning misconduct that is criminal in nature shall have the right
to be notified of the right to remain silent
during the investigation or inquiry and the right to be represented in the
investigation or inquiry by an attorney or a representative of a labor
organization that is
the exclusive collective bargaining representative of employees of the
Secretary of State.
Any investigation or inquiry by the Inspector General or any agent or
representative of the Inspector General must be conducted with an awareness of
the provisions of a collective bargaining agreement that applies to the
employees
of the Secretary of State and with an awareness of the rights of the employees
as set forth in State and federal law and applicable judicial decisions. Any
recommendations for discipline or any action taken
against any employee by the
Inspector General or any representative or agent of the Inspector General must
comply with the provisions of the collective bargaining agreement that applies
to the employee.
(g) On or before January 1 of each year, the Inspector General shall report
to the President of the Senate, the Minority Leader of the Senate, the Speaker
of the House of Representatives, and the Minority Leader of the House of
Representatives on the types of investigations and the activities undertaken by
the Office of the Inspector General during the previous calendar year.
(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
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(15 ILCS 305/36)
Sec. 36. Authority to accept electronic signatures. (a) Through the adoption of administrative rules, the Secretary may authorize the filing of documents with his or her office that have been signed by electronic means. (b) The administrative rules adopted by the Secretary shall set forth the following: (1) the type of electronic signature required; (2) the manner and format in which the electronic |
| signature must be affixed to the electronic record;
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(3) the types of transactions which may be filed
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| with his or her office with electronic signatures;
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(4) the procedures for seeking certification of
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| compliance with electronic signature requirements; and
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(5) the date on which the Secretary will begin
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| accepting electronic signatures.
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(c) Any entity seeking to provide services to third parties for the execution of electronic signatures for filing with the Secretary of State shall apply for a certification of compliance with the requirements for the submission of electronic signatures. To receive a certification of compliance, the entity must establish the ability to comply with all of the requirements of this Section and the administrative rules adopted pursuant to this Section. There is no limitation on the number of entities that may be issued a certification of compliance. The Secretary shall include on its Internet website a list of the entities that have been issued a certification of compliance.
(d) The Secretary shall only accept electronic signatures created by use of the services of an entity that has received a certification of compliance as set forth in this Section.
(e) An electronic signature must meet all of the following requirements:
(1) Be executed or adopted by a person with the
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| intent to sign the document so as to indicate the person's approval of the information contained in the document.
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(2) Be attached to or logically associated with the
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| information contained in the document being signed.
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(3) Be capable of reliable identification and
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| authentication of the person as the signer. Identification and authentication may be accomplished through additional security procedures or processes if reliably correlated to the electronic signature.
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(4) Be linked to the document in a manner that
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| would invalidate the electronic signature if the document is changed.
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(5) Be linked to the document so as to preserve its
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| integrity as an accurate and complete record for the full retention period of the document.
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(6) Be compatible with the standards and technology
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| for electronic signatures that are generally used in commerce and industry and by state governments.
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(f) If the Secretary determines an electronic signature is not in compliance with this Section or the administrative rules adopted pursuant to this Section, or is not in compliance with other applicable statutory or regulatory provisions, the Secretary may refuse to accept the signature.
(g) Electronic signatures accepted by the Secretary of State shall have the same force and effect as manual signatures.
(h) Electronic delivery of records accepted by the Secretary of State shall have the same force and effect as physical delivery of records.
(i) Electronic records and electronic signatures accepted by the Secretary of State shall be admissible in all administrative, quasi-judicial, and judicial proceedings. In any such proceeding, nothing in the application of the rules of evidence shall apply so as to deny the admissibility of an electronic record or electronic signature into evidence on the sole ground that it is an electronic record or electronic signature, or on the grounds that it is not in its original form or is not an original. Information in the form of an electronic record shall be given due evidentiary weight by the trier of fact.
(Source: P.A. 102-213, eff. 1-1-22; 102-813, eff. 5-13-22.)
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