Illinois 2023-2024 Regular Session

Illinois House Bill HB3796

Introduced
2/17/23  
Introduced
2/17/23  
Refer
2/28/23  
Refer
2/17/23  
Refer
3/10/23  
Refer
2/28/23  
Refer
1/31/24  
Refer
3/10/23  
Refer
4/5/24  
Refer
1/31/24  

Caption

NOTARY PUBLIC-E-MAIL COMM

Impact

The proposed changes under HB3796 significantly impact the existing legal framework by incorporating electronic communication into notarial procedures. By permitting notarial acts to occur remotely, the bill aims to streamline the notarization process, especially for individuals unable to appear in person due to various constraints. It also establishes standards for the use of electronic signatures and sealing, which align Illinois with other states adopting similar modern approaches to notarial practices.

Summary

House Bill 3796, introduced by Rep. Stephanie A. Kifowit, amends the Illinois Notary Public Act to modernize the processes surrounding notarial acts. The bill allows notaries to perform remote notarial acts via email communication, enhancing accessibility and convenience for individuals requiring notarization. It further defines several key terms, including 'email communication' and 'remote notarial act', which are pivotal to the implementation of these updates in the statutory language governing notarial processes in Illinois.

Contention

While HB3796 is generally positioned as a necessary update to improve efficiency and accessibility, it may raise concerns regarding the security and integrity of notarizations conducted via email and other remote methods. Critics may question the adequacy of measures to prevent fraud and ensure that notaries maintain the same level of accountability when performing acts remotely, compared to traditional in-person notarizations. The bill's provisions for establishing a signature depository for future notarizations could also prompt discussions around data security and management of digital records.

Companion Bills

No companion bills found.

Similar Bills

CA AB683

Business entities: limited liability companies.

MI HB5883

Probate: other; allowing electronic signing and witnessing of certain documents under certain conditions; eliminate sunset. Amends sec. 1202 of 1998 PA 386 (MCL 700.1202).

LA SB358

Authorizes and provides relative to certain electronic notarial acts. (8/1/19)

LA SB472

Provides for the execution of electronic notarial acts. (8/1/20)

GA SB425

Notaries Public; modernization of certain legal, notarial, and court services using electronic means; provide

CA AB865

Childcare services: alternative payment programs: direct deposits: reserve funds.

MI HB6264

Probate: powers of attorney; use of 2-way real-time audio-visual technology to execute a power of attorney; allow. Amends secs. 102 & 105 of 2023 PA 187 (MCL 556.202 & 556.205).

GA SB90

Notaries Public; the modernization of certain legal, notarial, and court services using electronic means; provide