THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, SABATINA, NEUMAN, DEASY, CARROLL, BRENNAN, DeLUCA, EVERETT, FABRIZIO, JAMES, KAVULICH, KORTZ, KULA, MILLARD, MILLER, M. O'BRIEN, WHITE AND GOODMAN, JUNE 14, 2012

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2012  

AN ACT

Amending the act of August 21, 1953 (P.L.1323, No.373), entitled

"An act concerning notaries public; and amending, revising,

consolidating and changing the law relating thereto," further

providing for application to become a notary public.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5 of the act of August 21, 1953

(P.L.1323, No.373), known as The Notary Public Law, amended

December 9, 2002 (P.L.1269, No.151), is amended to read:

Section 5.  Application to Become a Notary Public.--(a)

Applications for appointment to the office of notary public

shall be made to the Secretary of the Commonwealth, on forms

prescribed and furnished by the secretary, and shall be

accompanied by a non-refundable filing fee as set forth in

section 618-A of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929," payable to the order

of the "Commonwealth of Pennsylvania." Each application shall

bear the endorsement of the Senator of the district in which the

applicant resides or, if the applicant does not reside in this

Commonwealth, the endorsement of the Senator of the district in

which the applicant is employed. In the case of a vacancy in

that senatorial district, the application shall be endorsed by

the Senator of an adjacent district.

(b)  Before issuing to any applicant a commission as notary

public, the Secretary of the Commonwealth shall be satisfied

that the applicant is of good moral character, and is familiar

with the duties and responsibilities of a notary public. The

application must contain no material misstatement or omission of

fact, and the applicant shall not:

(1)  have been convicted of or pled guilty or nolo

contendere to a felony or a lesser offense incompatible with

the duties of a notary public during the five (5) year period

preceding the date of the application; or

(2)  have had a prior notary public commission revoked by

the Commonwealth or any other state during the five (5) year

period preceding the date of the application.

The Secretary of the Commonwealth may, for good cause, reject

any application of any notary public subject to the right of

notice, hearing and adjudication and the right of appeal

therefrom in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating

to practice and procedure of Commonwealth agencies) and 7 Subch.

A (relating to judicial review of Commonwealth agency action),

known as the Administrative Agency Law.

(c)  As a condition for the Secretary of the Commonwealth's

issuance of a notary commission to an applicant not appointed to

the office of notary public as of the effective date of this

subsection, a notary applicant must complete at least three (3)

hours of approved notary education within the six (6) month

period immediately preceding their application, unless the

notary applicant is an attorney licensed in this Commonwealth

and is current on all required continuing legal education

requirements.

(d)  Notary education may either be interactive or classroom

instruction. All education programs shall be preapproved by the

Secretary of the Commonwealth with a core curriculum that

includes the duties and responsibilities of the notary office

and electronic notarization.

Section 2.  This act shall take effect in 60 days.