Bill Text: IL HB2269 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Notary Public Act. Extends the repeal date for certain provisions concerning Notarial Records from July 1, 2013 to July 1, 2018. Effective immediately.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2013-06-21 - Public Act . . . . . . . . . 98-0029 [HB2269 Detail]
Download: Illinois-2013-HB2269-Enrolled.html
Bill Title: Amends the Illinois Notary Public Act. Extends the repeal date for certain provisions concerning Notarial Records from July 1, 2013 to July 1, 2018. Effective immediately.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2013-06-21 - Public Act . . . . . . . . . 98-0029 [HB2269 Detail]
Download: Illinois-2013-HB2269-Enrolled.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Notary Public Act is amended by | ||||||
5 | changing Sections 3-102, 3-104, and 6-102 as follows:
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6 | (5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
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7 | Sec. 3-102. Notarial Record; Residential Real Property | ||||||
8 | Transactions. | ||||||
9 | (a) This Section shall apply to every notarial act in | ||||||
10 | Illinois involving a document of conveyance that transfers or | ||||||
11 | purports to transfer title to residential real property located | ||||||
12 | in Cook County. | ||||||
13 | (b) As used in this Section, the following terms shall have | ||||||
14 | the meanings ascribed to them: | ||||||
15 | (1) "Document of Conveyance" shall mean a written | ||||||
16 | instrument that transfers or purports to transfer title | ||||||
17 | effecting a change in ownership to Residential Real | ||||||
18 | Property, excluding: | ||||||
19 | (i) court-ordered and court-authorized conveyances | ||||||
20 | of Residential Real Property, including without | ||||||
21 | limitation, quit-claim deeds executed pursuant to a | ||||||
22 | marital settlement agreement incorporated into a | ||||||
23 | judgment of dissolution of marriage, and transfers in |
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1 | the administration of a probate estate; | ||||||
2 | (ii) judicial sale deeds relating to Residential | ||||||
3 | Real Property, including without limitation, sale | ||||||
4 | deeds issued pursuant to proceedings to foreclose a | ||||||
5 | mortgage or execute on a levy to enforce a judgment; | ||||||
6 | (iii) deeds transferring ownership of Residential | ||||||
7 | Real Property to a trust where the beneficiary is also | ||||||
8 | the grantor; | ||||||
9 | (iv) deeds from grantors to themselves that are | ||||||
10 | intended to change the nature or type of tenancy by | ||||||
11 | which they own Residential Real Property; | ||||||
12 | (v) deeds from a grantor to the grantor and another | ||||||
13 | natural person that are intended to establish a tenancy | ||||||
14 | by which the grantor and the other natural person own | ||||||
15 | Residential Real Property; | ||||||
16 | (vi) deeds executed to the mortgagee in lieu of | ||||||
17 | foreclosure of a mortgage; and | ||||||
18 | (vii) deeds transferring ownership to a revocable | ||||||
19 | or irrevocable grantor trust where the beneficiary | ||||||
20 | includes the grantor. | ||||||
21 | (2) "Financial Institution" shall mean a State or | ||||||
22 | federally chartered bank, savings and loan association, | ||||||
23 | savings bank, credit union, or trust company.
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24 | (3) "Notarial Record" shall mean the written document | ||||||
25 | created in conformity with this Section by a notary in | ||||||
26 | connection with Documents of Conveyance. |
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1 | (4) "Residential Real Property" shall mean a building | ||||||
2 | or buildings located in Cook County, Illinois and | ||||||
3 | containing one to 4 dwelling units or an individual | ||||||
4 | residential condominium unit. | ||||||
5 | (5) "Title Insurance Agent" shall have the meaning | ||||||
6 | ascribed to it under the Title Insurance Act.
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7 | (6) "Title Insurance Company" shall have the meaning | ||||||
8 | ascribed to it under the Title Insurance Act.
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9 | (c) A notary appointed and commissioned as a notary in | ||||||
10 | Illinois shall, in addition to compliance with other provisions | ||||||
11 | of this Act, create a Notarial Record of each notarial act | ||||||
12 | performed in connection with a Document of Conveyance. The | ||||||
13 | Notarial Record shall contain: | ||||||
14 | (1) The date of the notarial act; | ||||||
15 | (2) The type, title, or a description of the Document | ||||||
16 | of Conveyance being notarized, and the property index | ||||||
17 | number ("PIN") used to identify the Residential Real | ||||||
18 | Property for assessment or taxation purposes and the common | ||||||
19 | street address for the Residential Real Property that is | ||||||
20 | the subject of the Document of Conveyance; | ||||||
21 | (3) The signature, printed name, and residence street | ||||||
22 | address of each person whose signature is the subject of | ||||||
23 | the notarial act and a certification by the person that the | ||||||
24 | property is Residential Real Property as defined in this | ||||||
25 | Section, which states "The undersigned grantor hereby | ||||||
26 | certifies that the real property identified in this |
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1 | Notarial Record is Residential Real Property as defined in | ||||||
2 | the Illinois Notary Public Act". | ||||||
3 | (4) A description of the satisfactory evidence | ||||||
4 | reviewed by the notary to determine the identity of the | ||||||
5 | person whose signature is the subject of the notarial act; | ||||||
6 | (5) The date of notarization, the fee charged for the | ||||||
7 | notarial act, the Notary's home or business phone number, | ||||||
8 | the Notary's residence street address, the Notary's | ||||||
9 | commission expiration date, the correct legal name of the | ||||||
10 | Notary's employer or principal, and the business street | ||||||
11 | address of the Notary's employer or principal; and | ||||||
12 | (6) The notary public shall require the person signing | ||||||
13 | the Document of Conveyance (including an agent acting on | ||||||
14 | behalf of a principal under a duly executed power of | ||||||
15 | attorney), whose signature is the subject of the notarial | ||||||
16 | act, to place his or her right thumbprint on the Notarial | ||||||
17 | Record. If the right thumbprint is not available, then the | ||||||
18 | notary shall have the party use his or her left thumb, or | ||||||
19 | any available finger, and shall so indicate on the Notarial | ||||||
20 | Record. If the party signing the document is physically | ||||||
21 | unable to provide a thumbprint or fingerprint, the notary | ||||||
22 | shall so indicate on the Notarial Record and shall also | ||||||
23 | provide an explanation of that physical condition. The | ||||||
24 | notary may obtain the thumbprint by any means that reliably | ||||||
25 | captures the image of the finger in a physical or | ||||||
26 | electronic medium. |
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1 | (d) If a notarial act under this Section is performed by a | ||||||
2 | notary who is a principal, employee, or agent of a Title | ||||||
3 | Insurance Company, Title Insurance Agent, Financial | ||||||
4 | Institution, or attorney at law, the notary shall deliver the | ||||||
5 | original Notarial Record to the notary's employer or principal | ||||||
6 | within 14 days after the performance of the notarial act for | ||||||
7 | retention for a period of 7 years as part of the employer's or | ||||||
8 | principal's business records. In the event of a sale or merger | ||||||
9 | of any of the foregoing entities or persons, the successor or | ||||||
10 | assignee of the entity or person shall assume the | ||||||
11 | responsibility to maintain the Notarial Record for the balance | ||||||
12 | of the 7-year business records retention period. Liquidation or | ||||||
13 | other cessation of activities in the ordinary course of | ||||||
14 | business by any of the foregoing entities or persons shall | ||||||
15 | relieve the entity or person from the obligation to maintain | ||||||
16 | Notarial Records after delivery of Notarial Records to the | ||||||
17 | Recorder of Deeds of Cook County, Illinois. | ||||||
18 | (e) If a notarial act is performed by a notary who is not a | ||||||
19 | principal, employee, or agent of a Title Insurance Company, | ||||||
20 | Title Insurance Agent, Financial Institution, or attorney at | ||||||
21 | law, the notary shall deliver the original Notarial Record | ||||||
22 | within 14 days after the performance of the notarial act to the | ||||||
23 | Recorder of Deeds of Cook County, Illinois for retention for a | ||||||
24 | period of 7 years, accompanied by a filing fee of $5. | ||||||
25 | (f) The Notarial Record required under subsection (c) of | ||||||
26 | this Section shall be created and maintained for each person |
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1 | whose signature is the subject of a notarial act regarding a | ||||||
2 | Document of Conveyance and shall be in substantially the | ||||||
3 | following form:
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4 | NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS
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5 | Date Notarized:
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6 | Fee: $
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7 | The undersigned grantor hereby certifies that the real property | ||||||
8 | identified in this Notarial Record is Residential Real Property | ||||||
9 | as defined in the Illinois Notary Public Act.
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10 | Grantor's (Signer's) Printed Name:
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11 | Grantor's (Signer's) Signature:
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12 | Grantor's (Signer's) Residential Street Address, City, State, | ||||||
13 | and Zip:
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14 | Type or Name of Document of Conveyance:
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15 | PIN No. of Residential Real Property:
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16 | Common Street Address of Residential Real Property:
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17 | Thumbprint or Fingerprint:
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1 | Description of Means of Identification:
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2 | Additional Comments:
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3 | Name of Notary Printed:
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4 | Notary Phone Number:
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5 | Commission Expiration Date:
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6 | Residential Street Address of Notary, City, State, and Zip:
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7 | Name of Notary's Employer or Principal:
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8 | Business Street Address of Notary's Employer or Principal, | ||||||
9 | City, State, and Zip:
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10 | (g) No copies of the original Notarial Record may be made | ||||||
11 | or retained by the Notary. The Notary's employer or principal | ||||||
12 | may retain copies of the Notarial Records as part of its | ||||||
13 | business records, subject to applicable privacy and | ||||||
14 | confidentiality standards. | ||||||
15 | (h) The failure of a notary to comply with the procedure | ||||||
16 | set forth in this Section shall not affect the validity of the | ||||||
17 | Residential Real Property transaction in connection to which |
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1 | the Document of Conveyance is executed, in the absence of | ||||||
2 | fraud. | ||||||
3 | (i) The Notarial Record or other medium containing the | ||||||
4 | thumbprint or fingerprint required by subsection (c)(6) shall | ||||||
5 | be made available or disclosed only upon receipt of a subpoena | ||||||
6 | duly authorized by a court of competent jurisdiction. Such | ||||||
7 | Notarial Record or other medium shall not be subject to | ||||||
8 | disclosure under the Freedom of Information Act and shall not | ||||||
9 | be made available to any other party, other than a party in | ||||||
10 | succession of interest to the party maintaining the Notarial | ||||||
11 | Record or other medium pursuant to subsection (d) or (e). | ||||||
12 | (j) In the event there is a breach in the security of a | ||||||
13 | Notarial Record maintained pursuant to subsections (d) and (e) | ||||||
14 | by the Recorder of Deeds of Cook County, Illinois, the Recorder | ||||||
15 | shall notify the person identified as the "signer" in the | ||||||
16 | Notarial Record at the signer's residential street address set | ||||||
17 | forth in the Notarial Record. "Breach" shall mean unauthorized | ||||||
18 | acquisition of the fingerprint data contained in the Notarial | ||||||
19 | Record that compromises the security, confidentiality, or | ||||||
20 | integrity of the fingerprint data maintained by the Recorder. | ||||||
21 | The notification shall be in writing and made in the most | ||||||
22 | expedient time possible and without unreasonable delay, | ||||||
23 | consistent with any measures necessary to determine the scope | ||||||
24 | of the breach and restore the reasonable security, | ||||||
25 | confidentiality, and integrity of the Recorder's data system.
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26 | (k) Subsections (a) through (i) shall not apply on and |
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1 | after July 1, 2018 2013 .
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2 | (l) Beginning July 1, 2013, at
the time of notarization, a | ||||||
3 | notary public shall officially sign every
notary certificate | ||||||
4 | and affix the rubber stamp seal clearly and legibly
using black | ||||||
5 | ink, so that it is capable of photographic reproduction. The
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6 | illegibility of any of the information required by this Section | ||||||
7 | does not
affect the validity of a transaction.
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8 | (Source: P.A. 97-508, eff. 8-23-11.)
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9 | (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
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10 | Sec. 3-104. Maximum Fee. | ||||||
11 | (a) Except as provided in subsection (b) of this Section, | ||||||
12 | the maximum
fee in this State is $1.00 for any notarial act | ||||||
13 | performed and, until July 1, 2018 2013 , up to $25 for any | ||||||
14 | notarial act performed pursuant to Section 3-102.
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15 | (b) Fees for a notary public, agency, or any other person | ||||||
16 | who is not
an attorney or an accredited representative filling | ||||||
17 | out immigration forms shall be limited to the following:
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18 | (1) $10 per form completion;
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19 | (2) $10 per page for the translation of a non-English | ||||||
20 | language into English where such translation is required | ||||||
21 | for immigration forms;
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22 | (3) $1 for notarizing;
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23 | (4) $3 to execute any procedures necessary to obtain a | ||||||
24 | document required to complete immigration forms; and
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25 | (5) A maximum of $75 for one complete application.
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1 | Fees authorized under this subsection shall not include | ||||||
2 | application fees
required to be submitted with immigration | ||||||
3 | applications.
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4 | Any person who violates the provisions of this subsection | ||||||
5 | shall be guilty
of a Class A misdemeanor for a first offense | ||||||
6 | and a Class 3 felony for a
second or subsequent offense | ||||||
7 | committed within 5 years of a previous
conviction for the same | ||||||
8 | offense.
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9 | (c) Upon his own information or upon complaint of any | ||||||
10 | person, the
Attorney General or any State's Attorney, or their | ||||||
11 | designee, may maintain
an action for injunctive relief in the | ||||||
12 | court against any notary public or
any other person who
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13 | violates the provisions of subsection (b) of this Section. | ||||||
14 | These
remedies are in addition to, and not in substitution for, | ||||||
15 | other available remedies.
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16 | If the Attorney General or any State's Attorney fails to | ||||||
17 | bring an action
as provided pursuant to this subsection within | ||||||
18 | 90 days of receipt of a complaint, any person may file a civil
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19 | action to enforce the provisions of this subsection and | ||||||
20 | maintain an action
for injunctive relief.
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21 | (d) All notaries public must provide receipts and keep | ||||||
22 | records for fees accepted for services provided. Failure to | ||||||
23 | provide receipts and keep records that can be presented as | ||||||
24 | evidence of no wrongdoing shall be construed as a presumptive | ||||||
25 | admission of allegations raised in complaints against the | ||||||
26 | notary for violations related to accepting prohibited fees.
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1 | (Source: P.A. 95-988, eff. 6-1-09 .)
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2 | (5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
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3 | Sec. 6-102. Notarial Acts. | ||||||
4 | (a) In taking an acknowledgment, the notary public must | ||||||
5 | determine,
either from personal knowledge or from satisfactory | ||||||
6 | evidence, that the
person appearing before the notary and | ||||||
7 | making the acknowledgment is the
person whose true signature is | ||||||
8 | on the instrument.
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9 | (b) In taking a verification upon oath or affirmation, the | ||||||
10 | notary
public must determine, either from personal knowledge or | ||||||
11 | from satisfactory
evidence, that the person appearing before | ||||||
12 | the notary and making the
verification is the person whose true | ||||||
13 | signature is on the statement verified.
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14 | (c) In witnessing or attesting a signature, the notary | ||||||
15 | public must
determine, either from personal knowledge or from | ||||||
16 | satisfactory evidence,
that the signature is that of the person | ||||||
17 | appearing before the notary and named therein.
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18 | (d) A notary public has satisfactory evidence that a person | ||||||
19 | is the
person whose true signature is on a document if that | ||||||
20 | person:
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21 | (1) is personally known to the notary;
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22 | (2) is identified upon the oath or affirmation of a | ||||||
23 | credible witness
personally known to the notary; or
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24 | (3) is identified on the basis of identification | ||||||
25 | documents. Identification Until July 1, 2013, |
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1 | identification documents are documents that are valid at | ||||||
2 | the time of the notarial act, issued by a state agency, | ||||||
3 | federal government agency, or consulate, and bearing the | ||||||
4 | photographic image of the individual's face and signature | ||||||
5 | of the individual.
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6 | (Source: P.A. 97-397, eff. 1-1-12.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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