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| Public Act 098-0029
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| HB2269 Enrolled | LRB098 10267 JDS 40446 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Notary Public Act is amended by |
changing Sections 3-102, 3-104, and 6-102 as follows:
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(5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
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Sec. 3-102. Notarial Record; Residential Real Property |
Transactions. |
(a) This Section shall apply to every notarial act in |
Illinois involving a document of conveyance that transfers or |
purports to transfer title to residential real property located |
in Cook County. |
(b) As used in this Section, the following terms shall have |
the meanings ascribed to them: |
(1) "Document of Conveyance" shall mean a written |
instrument that transfers or purports to transfer title |
effecting a change in ownership to Residential Real |
Property, excluding: |
(i) court-ordered and court-authorized conveyances |
of Residential Real Property, including without |
limitation, quit-claim deeds executed pursuant to a |
marital settlement agreement incorporated into a |
judgment of dissolution of marriage, and transfers in |
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the administration of a probate estate; |
(ii) judicial sale deeds relating to Residential |
Real Property, including without limitation, sale |
deeds issued pursuant to proceedings to foreclose a |
mortgage or execute on a levy to enforce a judgment; |
(iii) deeds transferring ownership of Residential |
Real Property to a trust where the beneficiary is also |
the grantor; |
(iv) deeds from grantors to themselves that are |
intended to change the nature or type of tenancy by |
which they own Residential Real Property; |
(v) deeds from a grantor to the grantor and another |
natural person that are intended to establish a tenancy |
by which the grantor and the other natural person own |
Residential Real Property; |
(vi) deeds executed to the mortgagee in lieu of |
foreclosure of a mortgage; and |
(vii) deeds transferring ownership to a revocable |
or irrevocable grantor trust where the beneficiary |
includes the grantor. |
(2) "Financial Institution" shall mean a State or |
federally chartered bank, savings and loan association, |
savings bank, credit union, or trust company.
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(3) "Notarial Record" shall mean the written document |
created in conformity with this Section by a notary in |
connection with Documents of Conveyance. |
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(4) "Residential Real Property" shall mean a building |
or buildings located in Cook County, Illinois and |
containing one to 4 dwelling units or an individual |
residential condominium unit. |
(5) "Title Insurance Agent" shall have the meaning |
ascribed to it under the Title Insurance Act.
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(6) "Title Insurance Company" shall have the meaning |
ascribed to it under the Title Insurance Act.
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(c) A notary appointed and commissioned as a notary in |
Illinois shall, in addition to compliance with other provisions |
of this Act, create a Notarial Record of each notarial act |
performed in connection with a Document of Conveyance. The |
Notarial Record shall contain: |
(1) The date of the notarial act; |
(2) The type, title, or a description of the Document |
of Conveyance being notarized, and the property index |
number ("PIN") used to identify the Residential Real |
Property for assessment or taxation purposes and the common |
street address for the Residential Real Property that is |
the subject of the Document of Conveyance; |
(3) The signature, printed name, and residence street |
address of each person whose signature is the subject of |
the notarial act and a certification by the person that the |
property is Residential Real Property as defined in this |
Section, which states "The undersigned grantor hereby |
certifies that the real property identified in this |
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Notarial Record is Residential Real Property as defined in |
the Illinois Notary Public Act". |
(4) A description of the satisfactory evidence |
reviewed by the notary to determine the identity of the |
person whose signature is the subject of the notarial act; |
(5) The date of notarization, the fee charged for the |
notarial act, the Notary's home or business phone number, |
the Notary's residence street address, the Notary's |
commission expiration date, the correct legal name of the |
Notary's employer or principal, and the business street |
address of the Notary's employer or principal; and |
(6) The notary public shall require the person signing |
the Document of Conveyance (including an agent acting on |
behalf of a principal under a duly executed power of |
attorney), whose signature is the subject of the notarial |
act, to place his or her right thumbprint on the Notarial |
Record. If the right thumbprint is not available, then the |
notary shall have the party use his or her left thumb, or |
any available finger, and shall so indicate on the Notarial |
Record. If the party signing the document is physically |
unable to provide a thumbprint or fingerprint, the notary |
shall so indicate on the Notarial Record and shall also |
provide an explanation of that physical condition. The |
notary may obtain the thumbprint by any means that reliably |
captures the image of the finger in a physical or |
electronic medium. |
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(d) If a notarial act under this Section is performed by a |
notary who is a principal, employee, or agent of a Title |
Insurance Company, Title Insurance Agent, Financial |
Institution, or attorney at law, the notary shall deliver the |
original Notarial Record to the notary's employer or principal |
within 14 days after the performance of the notarial act for |
retention for a period of 7 years as part of the employer's or |
principal's business records. In the event of a sale or merger |
of any of the foregoing entities or persons, the successor or |
assignee of the entity or person shall assume the |
responsibility to maintain the Notarial Record for the balance |
of the 7-year business records retention period. Liquidation or |
other cessation of activities in the ordinary course of |
business by any of the foregoing entities or persons shall |
relieve the entity or person from the obligation to maintain |
Notarial Records after delivery of Notarial Records to the |
Recorder of Deeds of Cook County, Illinois. |
(e) If a notarial act is performed by a notary who is not a |
principal, employee, or agent of a Title Insurance Company, |
Title Insurance Agent, Financial Institution, or attorney at |
law, the notary shall deliver the original Notarial Record |
within 14 days after the performance of the notarial act to the |
Recorder of Deeds of Cook County, Illinois for retention for a |
period of 7 years, accompanied by a filing fee of $5. |
(f) The Notarial Record required under subsection (c) of |
this Section shall be created and maintained for each person |
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whose signature is the subject of a notarial act regarding a |
Document of Conveyance and shall be in substantially the |
following form:
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NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
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Date Notarized:
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Fee: $
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The undersigned grantor hereby certifies that the real property |
identified in this Notarial Record is Residential Real Property |
as defined in the Illinois Notary Public Act.
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Grantor's (Signer's) Printed Name:
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Grantor's (Signer's) Signature:
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Grantor's (Signer's) Residential Street Address, City, State, |
and Zip:
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Type or Name of Document of Conveyance:
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PIN No. of Residential Real Property:
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Common Street Address of Residential Real Property:
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Thumbprint or Fingerprint:
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Description of Means of Identification:
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Additional Comments:
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Name of Notary Printed:
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Notary Phone Number:
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Commission Expiration Date:
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Residential Street Address of Notary, City, State, and Zip:
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Name of Notary's Employer or Principal:
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Business Street Address of Notary's Employer or Principal, |
City, State, and Zip:
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(g) No copies of the original Notarial Record may be made |
or retained by the Notary. The Notary's employer or principal |
may retain copies of the Notarial Records as part of its |
business records, subject to applicable privacy and |
confidentiality standards. |
(h) The failure of a notary to comply with the procedure |
set forth in this Section shall not affect the validity of the |
Residential Real Property transaction in connection to which |
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the Document of Conveyance is executed, in the absence of |
fraud. |
(i) The Notarial Record or other medium containing the |
thumbprint or fingerprint required by subsection (c)(6) shall |
be made available or disclosed only upon receipt of a subpoena |
duly authorized by a court of competent jurisdiction. Such |
Notarial Record or other medium shall not be subject to |
disclosure under the Freedom of Information Act and shall not |
be made available to any other party, other than a party in |
succession of interest to the party maintaining the Notarial |
Record or other medium pursuant to subsection (d) or (e). |
(j) In the event there is a breach in the security of a |
Notarial Record maintained pursuant to subsections (d) and (e) |
by the Recorder of Deeds of Cook County, Illinois, the Recorder |
shall notify the person identified as the "signer" in the |
Notarial Record at the signer's residential street address set |
forth in the Notarial Record. "Breach" shall mean unauthorized |
acquisition of the fingerprint data contained in the Notarial |
Record that compromises the security, confidentiality, or |
integrity of the fingerprint data maintained by the Recorder. |
The notification shall be in writing and made in the most |
expedient time possible and without unreasonable delay, |
consistent with any measures necessary to determine the scope |
of the breach and restore the reasonable security, |
confidentiality, and integrity of the Recorder's data system.
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(k) Subsections (a) through (i) shall not apply on and |
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after July 1, 2018 2013.
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(l) Beginning July 1, 2013, at
the time of notarization, a |
notary public shall officially sign every
notary certificate |
and affix the rubber stamp seal clearly and legibly
using black |
ink, so that it is capable of photographic reproduction. The
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illegibility of any of the information required by this Section |
does not
affect the validity of a transaction.
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(Source: P.A. 97-508, eff. 8-23-11.)
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(5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
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Sec. 3-104. Maximum Fee. |
(a) Except as provided in subsection (b) of this Section, |
the maximum
fee in this State is $1.00 for any notarial act |
performed and, until July 1, 2018 2013, up to $25 for any |
notarial act performed pursuant to Section 3-102.
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(b) Fees for a notary public, agency, or any other person |
who is not
an attorney or an accredited representative filling |
out immigration forms shall be limited to the following:
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(1) $10 per form completion;
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(2) $10 per page for the translation of a non-English |
language into English where such translation is required |
for immigration forms;
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(3) $1 for notarizing;
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(4) $3 to execute any procedures necessary to obtain a |
document required to complete immigration forms; and
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(5) A maximum of $75 for one complete application.
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Fees authorized under this subsection shall not include |
application fees
required to be submitted with immigration |
applications.
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Any person who violates the provisions of this subsection |
shall be guilty
of a Class A misdemeanor for a first offense |
and a Class 3 felony for a
second or subsequent offense |
committed within 5 years of a previous
conviction for the same |
offense.
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(c) Upon his own information or upon complaint of any |
person, the
Attorney General or any State's Attorney, or their |
designee, may maintain
an action for injunctive relief in the |
court against any notary public or
any other person who
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violates the provisions of subsection (b) of this Section. |
These
remedies are in addition to, and not in substitution for, |
other available remedies.
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If the Attorney General or any State's Attorney fails to |
bring an action
as provided pursuant to this subsection within |
90 days of receipt of a complaint, any person may file a civil
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action to enforce the provisions of this subsection and |
maintain an action
for injunctive relief.
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(d) All notaries public must provide receipts and keep |
records for fees accepted for services provided. Failure to |
provide receipts and keep records that can be presented as |
evidence of no wrongdoing shall be construed as a presumptive |
admission of allegations raised in complaints against the |
notary for violations related to accepting prohibited fees.
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(Source: P.A. 95-988, eff. 6-1-09.)
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(5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
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Sec. 6-102. Notarial Acts. |
(a) In taking an acknowledgment, the notary public must |
determine,
either from personal knowledge or from satisfactory |
evidence, that the
person appearing before the notary and |
making the acknowledgment is the
person whose true signature is |
on the instrument.
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(b) In taking a verification upon oath or affirmation, the |
notary
public must determine, either from personal knowledge or |
from satisfactory
evidence, that the person appearing before |
the notary and making the
verification is the person whose true |
signature is on the statement verified.
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(c) In witnessing or attesting a signature, the notary |
public must
determine, either from personal knowledge or from |
satisfactory evidence,
that the signature is that of the person |
appearing before the notary and named therein.
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(d) A notary public has satisfactory evidence that a person |
is the
person whose true signature is on a document if that |
person:
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(1) is personally known to the notary;
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(2) is identified upon the oath or affirmation of a |
credible witness
personally known to the notary; or
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(3) is identified on the basis of identification |
documents. Identification Until July 1, 2013, |
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identification documents are documents that are valid at |
the time of the notarial act, issued by a state agency, |
federal government agency, or consulate, and bearing the |
photographic image of the individual's face and signature |
of the individual.
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(Source: P.A. 97-397, eff. 1-1-12.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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