S0595B0912A06459 DMS:JMT 04/11/18 #90 A06459
AMENDMENTS TO SENATE BILL NO. 595
Sponsor: SENATOR FOLMER
Printer's No. 912
Amend Bill, page 1, lines 1 through 7, by striking out all of
said lines and inserting
Amending Title 57 (Notaries Public) of the Pennsylvania
Consolidated Statutes, in revised uniform law on notarial
acts, providing for notarial acts performed by remotely
located individuals.
Amend Bill, page 1, lines 10 through 20; pages 2 through 9,
lines 1 through 30; page 10, lines 1 through 6; by striking out
all of said lines on said pages and inserting
Section 1. Title 57 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 314.1. Notarial act performed by a remotely located
individual.
(a) Definitions.--Terms are defined in subsection (i).
(b) Use of communication technology.--A notary public
located in this Commonwealth may perform a notarial act
facilitated by communication technology relating to a statement
made in or signature executed on a record by a remotely located
individual if all of the following paragraphs apply:
(1) The notary public:
(i) has personal knowledge under section 307(a)
(relating to identification of individual); or
(ii) reasonably can identify the individual by at
least two identity proofing processes or services.
(2) The notarial act relates to an:
(i) electronic record or signature; or
(ii) acknowledgment of a signature on a tangible
record.
(3) The notary public is able to reasonably identify the
record before the notary public as the same record:
(i) in which the remotely located individual made
the statement; or
(ii) on which the remotely located individual
executed the signature.
(4) The notary public, or a person acting on behalf of
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the notary public, creates an audio-visual recording of the
performance of the notarial act.
(5) If the remotely located individual is located
outside the United States, all of the following subparagraphs
apply:
(i) The record:
(A) is to be filed with or relates to a matter
before a court, governmental entity, public official
or other entity under the jurisdiction of the United
States; or
(B) involves:
(I) property located in the territorial
jurisdiction of the United States; or
(II) a transaction substantially connected
with the United States.
(ii) The act of making the statement or signing the
record is not prohibited by the foreign state where the
remotely located individual is located.
(c) Notarial certificate.--If a notarial act involves a
statement made in or a signature executed on a record by a
remotely located individual, the certificate of notarial act
required by section 315 (relating to certificate of notarial
act) and the certificate under section 316 (relating to short
form certificates) must indicate that the individual was
remotely located.
(d) Sufficiency.--A certificate under section 316 for a
notarial act subject to this section is sufficient if either of
the following paragraphs apply:
(1) The certificate is in the form provided by section
316 and contains a statement substantially as follows:
"This notarial act involved a statement made in or a
signature executed on a record by a remotely located
individual using communication technology."
(2) The certificate complies with the regulations
promulgated under subsection (g)(1).
(e) Audio-visual recording.--
(1) This subsection applies to:
(i) a notary public;
(ii) a guardian, a conservator or an agent of a
notary public; or
(iii) the personal representative of a deceased
notary public.
(2) A person under paragraph (1) shall retain the audio-
visual recording created under subsection (b)(4) or cause the
recording to be retained by a repository designated by or on
behalf of the notary public. The person shall retain the
recording:
(i) for at least 10 years after the recording is
made; or
(ii) as otherwise required by the regulations
promulgated under subsection (g)(4).
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(f) Notification.--
(1) Before a notary public performs the notary public's
initial notarial act under this section, the notary public
must notify the department that the notary public will be
performing notarial acts facilitated by communication
technology and identify the communication technology.
(2) If the department has established standards for
approval of communication technology or identity proofing
under subsection (g) and section 327 (relating to
regulations), the communication technology and identity
proofing must conform to the standards.
(g) Regulations.--In addition to matters listed in section
327, the department may promulgate regulations regarding
performance of a notarial act with respect to a remotely located
individual. The regulations may do all of the following:
(1) Prescribe the means of performing a notarial act
involving communication technology to communicate with a
remotely located individual.
(2) Establish standards for communication technology and
identity proofing. This paragraph includes the use of
credential analysis, dynamic knowledge-based authentication,
biometrics and other means of identification.
(3) Establish requirements or procedures to approve
providers of communication technology and the process of
identity proofing.
(4) Establish standards and periods for the retention of
an audio-visual recording under subsection (b)(4) of the
performance of a notarial act and establish a procedure to
preserve the recording if the notary public dies or is
incapacitated or if the notary public's commission or
authority to perform notarial acts is otherwise suspended or
terminated.
(h) Promotion of uniformity.--Before promulgating or
deleting regulations about the performance of a notarial act
with respect to a remotely located individual, the department
shall consider, if consistent with this chapter, all of the
following:
(1) The most recent standards regarding the performance
of a notarial act with respect to remotely located
individuals promulgated by a national standard-setting
organization. This paragraph includes the National
Association of Secretaries of State.
(2) Standards, practices, and customs of other
jurisdictions which enact a statutory provision
substantially similar to this section.
(3) The views of governmental officials and entities and
other interested persons.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Communication technology." An electronic device or process
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which:
(1) allows a notary public located in this Commonwealth
and a remotely located individual to communicate with each
other simultaneously by sight and sound; and
(2) makes reasonable accommodations for an individual
with a vision, hearing or speech impairment.
"Foreign state." A jurisdiction other than the United
States, a state or a federally recognized Indian tribe.
"Identity proofing." A process or service by which a third
person provides a notary public with a means to verify the
identity of a remotely located individual by a review of
personal information from public or private data sources.
"Outside the United States." A location outside the
geographic boundaries of:
(1) the United States;
(2) Puerto Rico;
(3) the Virgin Islands; and
(4) any territory, insular possession or other location
subject to the jurisdiction of the United States.
"Remotely located individual." An individual who is not in
the physical presence of the notary public who performs a
notarial act under subsection (b).
Section 2. This act shall take effect in 90 days.
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See A06459 in
the context
of SB0595