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2007 IL S 546
AUTHOR: Cullerton
VERSION: Enacted
VERSION DATE: 10/03/2008
AN ACT concerning government.
Be it
enacted by the People of the State of
Section 5. The
Illinois Notary Public Act is amended by changing Sections 3-101, 3-102, 3-104,
and 6-102 as follows:
(5 ILCS
312/3-101)(from
Sec. 3-101. Official Seal and Signature .
(a) Each notary public shall, upon
receiving the commission from the county clerk, obtain an official rubber stamp
seal with which the notary shall authenticate his official acts. The rubber
stamp seal shall contain the following information:
(1) (a) the
words “Official Seal”;
(2) (b) the
notary’s official name;
(3) (c)
the words “Notary Public”, “State of
(4) (d) a
serrated or milled edge border in a rectangular form not more than one inch in
height by two and one-half inches in length surrounding the information.
(b) At the time of the notarial act, 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 illegibility of any of the information required
by this Section does not affect the validity of a transaction.
This subsection does not apply on or after
July 1, 2013.
(Source: P.A. 84-322.)
(5 ILCS
312/3-102)(from
Sec. 3-102. Notarial Record; Residential
Real Property Transactions Official Signature .
(a) This Section shall apply to every notarial
act in
(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 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, or
credit union.
(3) “Notarial Record” shall mean the written
document created in conformity with this Section by a notary in connection with
Documents of Conveyance.
(4) “Residential Real Property” shall mean a
building or buildings located in
(5) “Title Insurance Agent” shall have the
meaning ascribed to it under the Title Insurance Act.
(6) “Title Insurance Company” shall have the
meaning ascribed to it under the Title Insurance Act.
(c) A notary appointed and commissioned as a
notary in
(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 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.
(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
whose signature is the subject of a notarial act regarding a Document of
Conveyance and shall be in substantially the following form:
NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY
TRANSACTIONS Date Notarized: Fee: $ 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. Grantor’s (Signer’s)
Printed Name: Grantor’s (Signer’s) Signature: Grantor’s (Signer’s) Residential
Street Address, City, State, and Zip: Type or Name of Document of Conveyance:
PIN No. of Residential Real Property: Common Street Address of Residential Real
Property: Thumbprint or Fingerprint: Description of Means of Identification:
Additional Comments: Name of Notary Printed: Notary Phone Number: Commission
Expiration Date: Residential Street Address of Notary, City, State, and Zip:
Name of Notary’s Employer or Principal: Business Street Address of Notary’s
Employer or Principal, City, State, and Zip:
(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 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.
(k) Subsections (a) through (i) shall not apply on and after July 1, 2013.
(l) Beginning July 1, 2013, at 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 illegibility of any of the information required by this
Section does not affect the validity of a transaction.
(Source: P.A. 84-322.)
(5 ILCS
312/3-104)(from Ch. 102, par. 203-104)
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, 2013, up to
$25 for any notarial act performed pursuant to Section 3-102 .
(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:
(1) $10
per form completion;
(2) $10
per page for the translation of a non-English language into English where such
translation is required for immigration forms;
(3) $1
for notarizing;
(4) $3 to
execute any procedures necessary to obtain a document required to complete
immigration forms; and
(5) A
maximum of $75 for one complete application.
Fees
authorized under this subsection shall not include application fees required to
be submitted with immigration applications.
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.
(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 violates
the provisions of subsection (b) of this Section. These remedies are in
addition to, and not in substitution for, other available remedies.
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 action to enforce the provisions of this subsection and
maintain an action for injunctive relief.
(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.
(Source: P.A. 93-1001, eff. 8-23-04.)
(5 ILCS
312/6-102)(from Ch. 102, par. 206-102)
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.
(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.
(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.
(d) A
notary public has satisfactory evidence that a person is the person whose true
signature is on a document if that person:
(1) is
personally known to the notary;
(2) is
identified upon the oath or affirmation of a credible witness personally known
to the notary; or
(3) is
identified on the basis of identification documents. Until July 1, 2013,
identification documents are documents that are valid at the time of the
notarial act, issued by a state or federal government agency, and bearing the
photographic image of the individual’s face and signature of the individual.
(Source: P.A. 84-322.)
Section
10. The Freedom of Information Act is amended by changing Section 7 as follows:
(5 ILCS
140/7)(from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The
following shall be exempt from inspection and copying:
(a)
Information specifically prohibited from disclosure by federal or State law or
rules and regulations adopted under federal or State law.
(b)
Information that, if disclosed, would constitute a clearly unwarranted invasion
of personal privacy, unless the disclosure is consented to in writing by the
individual subjects of the information. The disclosure of information that
bears on the public duties of public employees and officials shall not be
considered an invasion of personal privacy. Information exempted under this
subsection (b) shall include but is not limited to:
(i) files and personal information maintained with respect
to clients, patients, residents, students or other individuals receiving
social, medical, educational, vocational, financial, supervisory or custodial
care or services directly or indirectly from federal agencies or public bodies;
(ii)
personnel files and personal information maintained with respect to employees,
appointees or elected officials of any public body or applicants for those
positions;
(iii)
files and personal information maintained with respect to any applicant,
registrant or licensee by any public body cooperating with or engaged in
professional or occupational registration, licensure or discipline;
(iv)
information required of any taxpayer in connection with the assessment or
collection of any tax unless disclosure is otherwise required by State statute;
(v)
information revealing the identity of persons who file complaints with or
provide information to administrative, investigative, law enforcement or penal
agencies; provided, however, that identification of witnesses to traffic
accidents, traffic accident reports, and rescue reports may be provided by
agencies of local government, except in a case for which a criminal
investigation is ongoing, without constituting a clearly unwarranted per se
invasion of personal privacy under this subsection; and
(vi) the
names, addresses, or other personal information of participants and registrants
in park district, forest preserve district, and conservation district programs ;
and .
(vii) the Notarial Record or other medium
containing the thumbprint or fingerprint required by Section 3-102(c)(6) of the
Illinois Notary Public Act.
***
Section 99. Effective date. This Act
takes effect June 1, 2009.