On June 5, 2023, the Illinois Secretary of State adopted administrative rules originating in SB 2664, which greatly impacts the way notaries are commissioned and notarizations are conducted. This law also affects all libraries that provide notary services.
While the original Public Act 102-0160 was signed by Governor Pritzker in July 2021, the rule process has taken almost two years to complete and become effective. The Secretary of State’s Notary Services webpage and the Notary Public Handbook have been updated.
Here’s what we know right now:
Effective July 1, 2023:
- Notaries are required to keep a journal, with specific requirements on record keeping. The journal must remain with the notary after employment and must be available for inspection. The IL Administrative Rules 2023 (Journal) and An overview of the new Illinois Notary journal requirements have clear language of what is required for a notarial journal.
- Notaries Public commissioned before July 1, 2023, can use their existing Notary Public Seal through the end date of their commission.
Effective Jan. 1, 2024:
- New and renewing notaries are required to take a minimum of three hours of training and take a 50-question final exam with a passing score of 85%. There will be an approved list of course providers on the Illinois Secretary of State website.
- Illinois now has three options for notarizations: in-person, remote, and electronic. All notaries must be bonded; the bond amount for in-person notaries is $5,000. For notaries performing electronic or remote notarizations, the bond amount is $30,000. Notaries can opt out of performing electronic or remote notarizations and only notarize in person.
For more complete and updated information, visit these resources:
- IL Administrative Rules 2023 (Commissioning) (Part 1 of 6; National Notary Association)
- IL Administrative Rules 2023 (Journal) (Part 3 of 6; National Notary Association)
- An Overview of the New Illinois Notary Journal Requirements (The National Notary Bulletin)
- Illinois Secretary of State Adopts Administrative Rules Making Amendments to the Illinois Notary Public Act Effective (Illinois State Bar Association)
- IL Finally Adopts New Notary Law Changes 06/05/2023 (Notary News Channel)