NOTARIES-APPLICATION BY FELON, the official text

HB4277 Enrolled                     LRB104 16959 BDA 30373 b

1   AN ACT concerning government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Notary Public Act is amended by

5 changing Section 2-102 as follows:

6   (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)

7   Sec. 2-102. Application.

8   (a) Application for notary public commission. Every

9 applicant for appointment and commission as a notary shall

10 complete an application in a format prescribed by the

11 Secretary of State to be filed with the Secretary of State,

12 stating:

13  (1) the applicant's official name, as it appears on

14  his or her current driver's license or state-issued

15  identification card;

16  (2) the county in which the applicant resides or, if

17  the applicant is a resident of a state bordering Illinois,

18  the county in Illinois in which that person's principal

19  place of work or principal place of business is located;

20  (3) the applicant's residence address, as it appears

21  on his or her current driver's license or state-issued

22  identification card;

23  (4) the applicant's e-mail address;
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1   (5) the applicant's business address if different than

2   the applicant's residence address, if performing notarial

3   acts constitutes any portion of the applicant's job

4   duties;

5   (6) that the applicant has resided in the State of

6   Illinois for 30 days preceding the application or that the

7   applicant who is a resident of a state bordering Illinois

8   has worked or maintained a business in Illinois for 30

9   days preceding the application;

10  (7) that the applicant is a citizen of the United

11  States or lawfully admitted for permanent residence in the

12  United States;

13  (8) the applicant's date of birth;

14  (9) that the applicant is proficient in the English

15  language;

16  (10) that the applicant has not had a prior

17  application or commission revoked due to a finding or

18  decision by the Secretary of State;

19  (11) that the applicant, prior to the completion of

20  the application, if the applicant has ever been convicted

21  of a felony, has completed all requirements of all felony

22  case sentences, and 10 years have passed since the

23  completion of all felony sentences has not been convicted

24  of a felony;

25  (12) that the applicant's signature authorizes the

26  Office of the Secretary of State to conduct a verification
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1   to confirm the information provided in the application,

2   including a criminal background check of the applicant, if

3   necessary;

4   (13) that the applicant has provided satisfactory

5   proof to the Secretary of State that the applicant has

6   successfully completed any required course of study on

7   notarization; and

8   (14) any other information the Secretary of State

9   deems necessary.

10  (b) Any notary appointed under subsection (a) shall have

11 the authority to conduct remote notarizations.

12  (c) Application for electronic notary public commission.

13 An application for an electronic notary public commission must

14 be filed with the Secretary of State in a manner prescribed by

15 the Secretary of State. Every applicant for appointment and

16 commission as an electronic notary public shall complete an

17 application to be filed with the Secretary of State, stating:

18  (1) all information required to be included in an

19  application for appointment as an electronic notary

20  public, as provided under subsection (a);

21  (2) that the applicant is commissioned as a notary

22  public under this Act;

23  (3) the applicant's email address;

24  (4) that the applicant has provided satisfactory proof

25  to the Secretary of State that the applicant has

26  successfully completed any required course of study on
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1   electronic notarization and passed a qualifying

2   examination;

3   (5) a description of the technology or device that the

4   applicant intends to use to create his or her electronic

5   signature in performing electronic notarial acts;

6   (6) the electronic signature of the applicant; and

7   (7) any other information the Secretary of State deems

8   necessary.

9   (d) Electronic notarial acts. Before an electronic notary

10 public performs an electronic notarial act using audio-video

11 communication, he or she must be granted an electronic notary

12 public commission by the Secretary of State under this

13 Section, and identify the technology that the electronic

14 notary public intends to use, which must be approved by the

15 Secretary of State.

16  (e) Approval of commission. Upon the applicant's

17 fulfillment of the requirements for a notarial commission or

18 an electronic notary public commission, the Secretary of State

19 shall approve the commission and issue to the applicant a

20 unique commission number.

21  (f) Rejection of application. The Secretary of State may

22 reject an application for a notarial commission or an

23 electronic notary public commission if the applicant fails to

24 comply with any Section of this Act.

25 (Source: P.A. 102-160, eff. 6-5-23 (See Section 91 of P.A.

26 103-562 for effective date of P.A. 102-160); 102-1030, eff.
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1 5-27-22.)