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IL Senate Bill 1459

Legislation

State: Illinois
Signed: August 25, 2017

Effective: August 25, 2017
Chapter: Public Act No. 100-0440

Summary

SB 1459 authorizes and directs an electronic notarization task force to study electronic notarization and present recommendations to the Governor and General Assembly.

Affects

Creates Section 1-105 in Title 5, Chapter 312 of the Illinois Compiled Statutes.

Changes
  1. Creates the Notarization Task Force on Best Practices and Verification Standards to Implement Electronic Notarization (Task Force).
  2. Sets the goal of the Task Force as investigating and providing recommendations on national and state initiatives to implement electronic notarization in such a manner that increases the availability of Notary services, protects consumers, and maintains the integrity of the notarial act.
  3. Directs the Task Force to address the following issues in their report: (a) standards for an electronic signature, including encryption and decryption; (b) the application process for electronic Notary commissions; (c) the training of Notaries on electronic notarization standards and best practices; (d) recommendations on fees for Notary applications and commissions; (e) the notarial acts and documents on which acts may be attested to by electronic Notaries; (f) the security measures that will protect the integrity of the electronic Notary's electronic signature; (g) the standards that the Secretary of State may rely upon for revoking an electronic notarization; (h) a recommendation on whether and to what extent the Illinois Notary Public Act should be expanded and updated.
  4. Does not limit the Task Force to address the issues identified in the new law, but allows it to address other issues as appropriate. 
  5. Requires the Task Force to meet no less than 5 times between the effective date of the new law and December 31, 2019.
  6. Requires the Task Force to submit its report to the Governor and General Assembly no later than June 30, 2020.
  7. Specifies the 17 members of the Task Force to include individuals representing attorneys, bankers, credit unions, elder law attorneys, realtors, legislators and government.
Analysis

The Illinois General Assembly has approved SB 1459, creating a task force to study electronic notarization. The task force will study numerous issues that are identified in the legislation, as well as others it deems necessary and appropriate. The bill notes that “in order to meet the growing demand for electronic commerce that is both convenient and secure, understanding the processes and technology is critical and the need for an electronic or remote notarization – the process of notarizing a signature on an electronic document by electronic methods – is becoming a necessity.” The task force will meet from now through 2019 and must present a report on its findings and recommendations to the Governor and General Assembly by June 2020.

Read Senate Bill 1459.

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