Bill Amendment: IL SB3443 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: NOTARY-SUSPENSION & REVOCATION

Status: 2018-08-10 - Public Act . . . . . . . . . 100-0809 [SB3443 Detail]

Download: Illinois-2017-SB3443-Senate_Amendment_001.html

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Sen. Don Harmon

Filed: 4/30/2018

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AMENDMENT TO SENATE BILL 3443
AMENDMENT NO. ______. Amend Senate Bill 3443 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Notary Public Act is amended by
changing Sections 2-102, 4-101, 6-104, 7-101, and 7-108 as
follows:
(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
Sec. 2-102. Application. Every applicant for appointment
and commission as a notary shall complete an application in a
format prescribed by the Secretary of State to be filed with
the Secretary of State, stating:
(a) the applicant's official name, as it appears on his
or her current driver's license or state-issued
identification card;
(b) the county in which the applicant resides or, if
the applicant is a resident of a state bordering Illinois,

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the county in Illinois in which that person's principal
place of work or principal place of business is located;
(c) the applicant's residence address, as it appears on
his or her current driver's license or state-issued
identification card, and business address, if any;
(c-5) the applicant's business address if different
than the applicant's residence address, if performing
notarial acts constitutes any portion of the applicant's
job duties;
(d) that the applicant has resided in the State of
Illinois for 30 days preceding the application or that the
applicant who is a resident of a state bordering Illinois
has worked or maintained a business in Illinois for 30 days
preceding the application;
(e) that the applicant is a citizen of the United
States or an alien lawfully admitted for permanent
residence in the United States;
(f) the applicant's date of birth;
(g) that the applicant is able to read and write the
English language;
(h) that the applicant has never been the holder of a
notary public appointment that was revoked or suspended
during the past 10 years;
(i) that the applicant has not been convicted of a
felony;
(i-5) that the applicant's signature authorizes the

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Office of the Secretary of State to conduct a verification
to confirm the information provided in the application,
including a criminal background check of the applicant, if
necessary; and
(j) any other information the Secretary of State deems
necessary.
(Source: P.A. 99-112, eff. 1-1-16.)
(5 ILCS 312/4-101) (from Ch. 102, par. 204-101)
Sec. 4-101. Changes causing commission to cease to be in
effect. When any notary public legally changes his or her name,
changes his or her business address without notifying the Index
Department of the Secretary of State in writing within 30 days
thereof, or moves from the county in which he or she was
commissioned or, if the notary public is a resident of a state
bordering Illinois, no longer maintains a principal place of
work or principal place of business in the same county in
Illinois in which he or she was commissioned, the commission of
that notary ceases to be in effect. When the commission of a
notary public ceases to be in effect, his or her notarial seal
shall and should be surrendered returned to the Secretary of
State, and his or her certificate of notarial commission shall
be destroyed. These individuals who desire to again become a
notary public must file a new application, bond, and oath with
the Secretary of State.
(Source: P.A. 91-818, eff. 6-13-00.)

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(5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
Sec. 6-104. Acts prohibited.
(a) A notary public shall not use any name or initial in
signing certificates other than that by which the notary was
commissioned.
(b) A notary public shall not acknowledge any instrument in
which the notary's name appears as a party to the transaction.
(c) A notary public shall not affix his signature to a
blank form of affidavit or certificate of acknowledgment.
(d) A notary public shall not take the acknowledgment of or
administer an oath to any person whom the notary actually knows
to have been adjudged mentally ill by a court of competent
jurisdiction and who has not been restored to mental health as
a matter of record.
(e) A notary public shall not take the acknowledgment of
any person who is blind until the notary has read the
instrument to such person.
(f) A notary public shall not take the acknowledgment of
any person who does not speak or understand the English
language, unless the nature and effect of the instrument to be
notarized is translated into a language which the person does
understand.
(g) A notary public shall not change anything in a written
instrument after it has been signed by anyone.
(h) No notary public shall be authorized to prepare any

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legal instrument, or fill in the blanks of an instrument, other
than a notary certificate; however, this prohibition shall not
prohibit an attorney, who is also a notary public, from
performing notarial acts for any document prepared by that
attorney.
(i) If a notary public accepts or receives any money from
any one to whom an oath has been administered or on behalf of
whom an acknowledgment has been taken for the purpose of
transmitting or forwarding such money to another and willfully
fails to transmit or forward such money promptly, the notary is
personally liable for any loss sustained because of such
failure. The person or persons damaged by such failure may
bring an action to recover damages, together with interest and
reasonable attorney fees, against such notary public or his
bondsmen.
(j) A notary public shall not perform any notarial act when
his or her commission is suspended or revoked, nor shall he or
she fail to comply with any term of suspension which may be
imposed for violation of this Section.
(Source: P.A. 100-81, eff. 1-1-18.)
(5 ILCS 312/7-101) (from Ch. 102, par. 207-101)
Sec. 7-101. Liability of Notary and Surety. A notary public
and the surety on the notary's bond are liable to the persons
involved for all damages caused by the notary's official
misconduct. Upon the filing of any claim against a notary

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public, the entity that has issued the bond for the notary
shall notify the Secretary of State of whether payment was made
and the circumstances which led to the claim.
(Source: P.A. 84-322.)
(5 ILCS 312/7-108) (from Ch. 102, par. 207-108)
Sec. 7-108. Reprimand, Suspension, and Revocation of
Commission.
(a) The Secretary of State may revoke the commission of any
notary public who, during the current term of appointment:
(1) (a) submits an application for commission and
appointment as a notary public which contains substantial
and material misstatement or omission of fact; or
(2) (b) is convicted of any felony, misdemeanors,
including those defined in Part C, Articles 16, 17, 18, 19,
and 21, and Part E, Articles 31, 32, and 33 of the Criminal
Code of 2012, or official misconduct under this Act.
(b) Whenever the Secretary of State believes that a
violation of this Article has occurred, he or she may
investigate any such violation. The Secretary may also
investigate possible violations of this Article upon a signed
written complaint on a form designated by the Secretary.
(c) A notary's failure to cooperate or respond to an
investigation by the Secretary of State is a failure by the
notary to fully and faithfully discharge the responsibilities
and duties of a notary and shall result in suspension or

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revocation of the notary's commission.
(d) All written complaints which on their face appear to
establish facts which, if proven true, would constitute an act
of misrepresentation or fraud in notarization or on the part of
the notary shall be investigated by the Secretary of State to
determine whether cause exists to reprimand, suspend, or revoke
the commission of the notary.
(e) The Secretary of State may deliver a written official
warning and reprimand to a notary, or may revoke or suspend a
notary's commission, for any of the following:
(1) a notary's official misconduct, as defined under
Section 7-104;
(2) any ground for which an application for appointment
as a notary may be denied for failure to complete
application requirements as provided under Section 2-102;
(3) any prohibited act provided under Section 6-104; or
(4) a violation of any provision of the general
statutes.
(f) After investigation and upon a determination by the
Secretary of State that one or more prohibited acts has been
performed in the notarization of a document, the Secretary
shall, after considering the extent of the prohibited act and
the degree of culpability of the notary, order one or more of
the following courses of action:
(1) issue a letter of warning to the notary, including
the Secretary's findings;

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(2) order suspension of the commission of the notary
for a period of time designated by the Secretary;
(3) order revocation of the commission of the notary;
(4) refer the allegations to the appropriate State's
Attorney's Office or the Attorney General for criminal
investigation; or
(5) refer the allegations to the Illinois Attorney
Registration and Disciplinary Commission for disciplinary
proceedings.
(g) After a notary receives notice from the Secretary of
State that his or her commission has been revoked, that notary
shall immediately deliver his or her official seal to the
Secretary.
(h) A notary whose appointment has been revoked due to a
violation of this Act shall not be eligible for a new
commission as a notary public in this State for a period of at
least 5 years from the date of the final revocation.
(i) A notary may voluntarily resign from appointment by
notifying the Secretary of State in writing of his or her
intention to do so, and by physically returning his or her
stamp to the Secretary. A voluntary resignation shall not stop
or preclude any investigation into a notary's conduct, or
prevent further suspension or revocation by the Secretary, who
may pursue any such investigation to a conclusion and issue any
finding.
(j) Upon a determination by a sworn law enforcement officer

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that the allegations raised by the complaint are founded, and
the notary has received notice of suspension or revocation from
the Secretary of State, the notary is entitled to an
administrative hearing.
(k) The Secretary of State shall adopt administrative
hearing rules applicable to this Section that are consistent
with the Illinois Administrative Procedure Act.
(Source: P.A. 84-322.)
Section 99. Effective date. This Act takes effect January
1, 2019.".