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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FARNESE, FONTANA, COSTA, RAFFERTY, ERICKSON, FOLMER, BREWSTER, HUGHES, WOZNIAK AND FERLO, JUNE 14, 2011 |
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| REFERRED TO STATE GOVERNMENT, JUNE 14, 2011 |
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| AN ACT |
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1 | Amending the act of August 21, 1953 (P.L.1323, No.373), entitled |
2 | "An act concerning notaries public; and amending, revising, |
3 | consolidating and changing the law relating thereto," further |
4 | providing for oath of office, bond and recording, for |
5 | notarial seal, for determining identity of person appearing, |
6 | for register and copies of records and for fees of notaries |
7 | public; providing for revocation of commission for notarizing |
8 | fraudulent deeds or acknowledgments; and imposing penalties. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 8 of the act of August 21, 1953 |
12 | (P.L.1323, No.373), known as The Notary Public Law, amended |
13 | December 9, 2002 (P.L.1269, No.151), is amended to read: |
14 | Section 8. Oath of Office; Bond; Recording.--[Every] (a) |
15 | Except as provided in subsection (b), every notary, upon |
16 | appointment and prior to entering upon the duties of the office |
17 | of notary public, shall take and subscribe the constitutional |
18 | oath of office, and shall give a surety bond, payable to the |
19 | Commonwealth of Pennsylvania, in the amount of ten thousand |
20 | dollars ($10,000), which bond shall, after being recorded, be |
21 | approved by and filed with the Secretary of the Commonwealth. |
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1 | Every such bond shall have as surety a duly authorized surety |
2 | company or two sufficient individual sureties, to be approved by |
3 | the Secretary of the Commonwealth, conditioned for the faithful |
4 | performance of the duties of the office of notary public and for |
5 | the delivery of the notary's register and seal to the office of |
6 | the recorder of deeds of the proper county in case of the death, |
7 | resignation or disqualification of the notary within thirty (30) |
8 | days of such event. Such bond, as well as the commission and |
9 | oath of office, shall be recorded in the office of the recorder |
10 | of deeds of the county in which the notary maintains an office |
11 | at the time of appointment or reappointment. The commission of |
12 | any notary hereafter appointed who shall, for forty-five (45) |
13 | days after the beginning of the term, neglect to give bond and |
14 | cause the bond and the commission and oath to be recorded, as |
15 | above directed, shall be null and void. |
16 | (b) In order to notarize deeds for the conveyance of real |
17 | property governed by 68 Pa.C.S. Ch. 71 (relating to general |
18 | provisions), a notary shall give a surety bond, payable to the |
19 | Commonwealth of Pennsylvania, in the amount of one hundred |
20 | thousand dollars ($100,000), which bond shall, after being |
21 | recorded, be approved by and filed with the Secretary of the |
22 | Commonwealth. The bond shall have as surety a duly authorized |
23 | surety company or two sufficient individual sureties, to be |
24 | approved by the Secretary of the Commonwealth, conditioned for |
25 | the faithful performance of the duties of the office of notary |
26 | public and for the delivery of the notary's register and seal to |
27 | the office of the recorder of deeds of the proper county in case |
28 | of the death, resignation or disqualification of the notary |
29 | within thirty (30) days of such event. The bond, as well as the |
30 | commission and oath of office, shall be recorded in the office |
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1 | of the recorder of deeds of the county in which the notary |
2 | maintains an office at the time of appointment or reappointment. |
3 | The commission of any notary hereafter appointed who shall, for |
4 | forty-five (45) days after the beginning of the term, neglect to |
5 | give bond and cause the bond and the commission and oath to be |
6 | recorded, as directed in this subsection, shall be null and |
7 | void. |
8 | Section 2. Sections 12, 12.1 and 15 of the act are amended |
9 | by adding subsections to read: |
10 | Section 12. Notarial Seal.--* * * |
11 | (e.1) Notwithstanding any other provision of law to the |
12 | contrary, a person who uses the official seal or any other |
13 | equipment of a person commissioned as notary public who is not |
14 | the notary public for whom the commission has been issued to |
15 | notarize any document commits an offense. A first offense under |
16 | this subsection is a misdemeanor of the first degree. A second |
17 | or subsequent offense under this subsection is a felony of the |
18 | third degree. |
19 | (e.2) Any person commissioned as a notary public in this |
20 | Commonwealth who knowingly, recklessly or negligently notarizes |
21 | any document without determining the identity of all persons who |
22 | are signatories to the document to be notarized as provided by |
23 | this act or any other law commits an offense. A first offense |
24 | under this subsection is a misdemeanor of the first degree. A |
25 | second or subsequent offense under this subsection is a felony |
26 | of the third degree. |
27 | * * * |
28 | Section 12.1. Determining Identity of Person Appearing.--* * |
29 | * |
30 | (c) In addition to the requirements of this section, when |
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1 | the notary is notarizing a deed, the notary shall require a |
2 | thumbprint of the grantor or grantors and the grantee or |
3 | grantees to appear on the deed at a place adjacent to their |
4 | respective signatures. |
5 | Section 15. Register; Copies of Records.--* * * |
6 | (a.1) In addition to the requirements of subsection (a), the |
7 | chronological register shall include the thumbprints of the |
8 | grantor or grantors and the grantee or grantees to a deed of |
9 | conveyance, to appear in the register of the notary adjacent to |
10 | the registry entry of the performance of that act by the notary. |
11 | * * * |
12 | Section 3. Section 21(a) of the act, amended December 9, |
13 | 2002 (P.L.1269, No.151), is amended to read: |
14 | Section 21. Fees of Notaries Public.--(a) The fees of |
15 | notaries public shall be fixed by the Secretary of the |
16 | Commonwealth with the approval of the Attorney General. The |
17 | Secretary of the Commonwealth shall provide a special fee for |
18 | the notarization of deeds and acknowledgments for the conveyance |
19 | of real property as provided in this act. |
20 | * * * |
21 | Section 4. The act is amended by adding a section to read: |
22 | Section 21.1. Revocation of Commission for Notarizing |
23 | Fraudulent Deeds or Acknowledgments.--(a) The Secretary of the |
24 | Commonwealth may revoke the notary public commission of a notary |
25 | public who has notarized any deed or acknowledgment of the |
26 | transfer of a deed that is found to be fraudulent. |
27 | (b) Any action taken by the Secretary of the Commonwealth |
28 | under this section shall be subject to the right of notice, |
29 | hearing and adjudication and right of appeal therefrom in |
30 | accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice |
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1 | and procedure of Commonwealth agencies) and 7 Subch. A (relating |
2 | to judicial review of Commonwealth agency action). |
3 | Section 5. This act shall take effect in 60 days. |
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