Legislative & State Regulatory Updates
Secretary of State Administrative Rules – Notary Public Records
We are in the second notice period for the proposed Secretary of State’s Notary Public Records administrative rules. All public comments that were received, as well as the Secretary of State’s analysis, are available for review. The current version of the proposed Notary Public Records administrative rules is set for a Joint Committee on Administrative Rules (JCAR) hearing on May 16. If the rules are approved at that hearing, the new journal requirements could go into effect upon approval, but it has been indicated by the Secretary of State’s office that the journal requirement will not go into effect until July 1. The ILTA is seeking confirmation in writing.
Notary Journal Overview
Section 3-107 of the enacting legislation authorizes the new journal requirements, and Subpart J (starting at Section 176.900(a)) of the proposed administrative rules contains the regulatory requirements for the journal.
- New journal requirements apply to all Illinois notaries.
- All journals must contain:
- Name of notary public;
- Commission number
- Commission expiration date
- Office address of record
- A statement that in the event of death, the journal will be delivered to IL SOS
- Define abbreviations or symbols used in the journal
- Notary’s signature
- Required journal entries:
- Name of principal
- Name of each witness
- Name of any other person signing for principal
- Title or description of document notarized
- Date of notarization
- Whether in person, remotely, or electronically
- Fee charged, if any
- The physical location of the notary and the principal
- Prohibited journal entries:
- Identification numbers (e.g. ID# or social security number)
- Biometric identifier (e.g. fingerprint)
- Financial account information
- Electronic journals must be secure, unalterable or deletable, and securely backed up.
Additional updates will be provided as available.
Electronic Witness Slip
Please follow the directions below to file an electronic witness slip on any legislation that ILTA is calling for member action.
1. Go to: https://my.ilga.gov
2. Scroll down and click on the scheduled committee hearing
3. Scroll down to the bill number of interest and click the witness slip icon
4. Complete the witness slip.