PRIOR PRINTER'S NOS. 699, 912
PRINTER'S NO. 1654
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
595
Session of
2017
INTRODUCED BY FOLMER, MARTIN, GREENLEAF, RAFFERTY, BROWNE,
BREWSTER AND DINNIMAN, APRIL 17, 2017
SENATOR FOLMER, STATE GOVERNMENT, RE-REPORTED AS AMENDED, APRIL
17, 2018
AN ACT
Amending Title 57 (Notaries Public) of the Pennsylvania
Consolidated Statutes, in revised uniform law on notarial
acts, further providing for definitions, for personal
appearance required, for identification of individual, for
short form certificates, for journal, for notification
regarding performance of notarial act on electronic record
and selection of technology and for regulations.
AMENDING TITLE 57 (NOTARIES PUBLIC) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN REVISED UNIFORM LAW ON NOTARIAL
ACTS, FURTHER PROVIDING FOR AUTHORITY TO PERFORM NOTARIAL
ACT, PROVIDING FOR NOTARIAL ACTS PERFORMED BY REMOTELY
LOCATED INDIVIDUALS AND FURTHER PROVIDING FOR NOTIFICATION
REGARDING PERFORMANCE OF NOTARIAL ACT ON ELECTRONIC RECORD
AND SELECTION OF TECHNOLOGY.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 302 of Title 57 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
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"Audio-video communication." Being able to see, hear and
communicate with another individual in real time using
electronic means.
* * *
"Identity proofing." A process or service by which a third
person provides a notary public with a reasonable means to
verify the identity of an individual by a review of personal
information from public or proprietary data sources.
* * *
Section 2. Section 306 of Title 57 is amended to read:
§ 306. [Personal appearance required] Appearance.
[If] (a) Personal appearance.--Except as provided by
subsection (b), if a notarial act relates to a statement made in
or a signature executed on a record, the individual making the
statement or executing the signature shall appear personally
before the notarial officer, either by being in the notarial
officer's physical presence or by means of audio-video
communication.
(b) Use of audio-visual communications.--A notary public in
this Commonwealth may perform by means of audio-video
communication a notarial act if the notarial act is performed in
a manner that complies with regulations promulgated by the
department under section 327(a)(1.1) (relating to regulations).
Section 3. Section 307(b)(1) of Title 57 is amended by
adding a subparagraph to read:
§ 307. Identification of individual.
* * *
(b) Satisfactory evidence.--A notarial officer has
satisfactory evidence of the identity of an individual appearing
before the notarial officer if the notarial officer can identify
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the individual as set forth in any of the following paragraphs:
(1) By means set forth in any of the following
subparagraphs:
* * *
(iii) Identity proofing.
* * *
Section 4. Section 316 of Title 57 is amended to read:
§ 316. Short form certificates.
[The] (a) Form.--In accordance with subsection (b), the
following short form certificates of notarial acts are
sufficient for the purposes indicated if completed with the
information required by section 315(a) and (b) (relating to
certificate of notarial act):
(1) For an acknowledgment in an individual capacity:
State of ..............................................
County of .............................................
This record was acknowledged before me on
(date) ................................................
by (name(s) of individual(s)) .........................
......................................................
Signature of notarial officer .........................
Stamp
......................................................
Title of office .......................................
My commission expires: ................................
(2) For an acknowledgment in a representative capacity:
State of ..............................................
County of .............................................
This record was acknowledged before me on
(date) ................................................
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by (name(s) of individual(s)) .........................
......................................................
as (type of authority, such as officer or trustee)
......................................................
who represent that (he, she or they) are authorized to
act on behalf of (name of party on behalf of whom record
was executed) .........................................
......................................................
Signature of notarial officer .........................
Stamp
......................................................
Title of office .......................................
My commission expires: ................................
(2.1) For an acknowledgment by an attorney at law
pursuant to 42 Pa.C.S. § 327 (relating to oaths and
acknowledgments):......................................
State of...............................................
County of..............................................
This record was acknowledged before me on
(date).................................................
by (name of attorney)..................................
Supreme Court identification number....................
as a member of the bar of the Pennsylvania Supreme Court
certified that he/she was personally present when
(name(s) of individual(s)) executed the record and that
(name(s) of individual(s)) executed the record for the
purposes contained therein.
Signature of notarial officer..........................
Stamp
.......................................................
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Title of office........................................
My commission expires:.................................
(3) For a verification on oath or affirmation:
State of ..............................................
County of .............................................
Signed and sworn to (or affirmed) before me on
(date) ................................................
by (name(s) of individual(s)) .........................
......................................................
making statement ......................................
Signature of notarial officer .........................
Stamp
......................................................
Title of office .......................................
My commission expires: ................................
(4) For witnessing or attesting a signature:
State of ..............................................
County of .............................................
Signed (or attested) before me on
(date) ................................................
by (name(s) of individual(s)) .........................
......................................................
Signature of notarial officer .........................
Stamp
......................................................
Title of office .......................................
My commission expires: ................................
(5) For certifying a copy of a record:
State of ..............................................
County of .............................................
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I certify that this is a true and correct copy of a ...
in the possession of ..................................
Dated .................................................
Signature of notarial officer .........................
Stamp
......................................................
Title of office .......................................
My commission expires: ................................
(6) For certifying the transcript of a deposition:
State of ..............................................
County of .............................................
I certify that this is a true and correct copy of the
transcript of the deposition of .......................
Dated .................................................
Signature of notarial officer .........................
Stamp
......................................................
Title of office: ......................................
My commission expires: ....................................
(b) Audio-visual communication.--The department shall
include in regulations promulgated under section 327(a)(1.1)
(relating to regulations) modified short form certificates for
notarial acts performed by means of audio-visual communication.
Section 5. Section 319(c) of Title 57 is amended by adding
paragraphs to read:
§ 319. Journal.
* * *
(c) Entries.--An entry in a journal shall be made
contemporaneously with performance of the notarial act and
contain all of the following information:
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* * *
(7) Whether an individual making a statement or
executing a signature which is the subject of the notarial
act appeared before a notarial officer personally or before a
notary public by means of audio-visual communication.
(8) If an individual makes a statement or executes a
signature which is the subject of the notarial act before a
notary public by means of audio-visual communication, the
state or country where the individual is located.
* * *
Section 6. Section 320(a) and (b)(1) of Title 57 are amended
to read:
§ 320. Notification regarding performance of notarial act on
electronic record; selection of technology.
(a) Selection.--A notary public may select one or more
tamper-evident technologies to perform notarial acts with
respect to electronic records, to perform notarial acts by means
of audio-visual communication or to conduct identity proofing. A
person may not require a notary public to perform a notarial act
with respect to an electronic record, using audio-visual
communication or identity proofing with a technology that the
notary public has not selected.
(b) Notice and approval.--
(1) Before a notary public performs the initial notarial
act with respect to an electronic record, using audio-visual
communication or identity proofing a notary public shall
notify the department that the notary public will be
performing notarial acts with respect to electronic records
and identify each technology the notary public intends to
use.
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* * *
Section 7. Section 327(a) of Title 57 is amended and the
section is amended by adding a subsection to read:
§ 327. Regulations.
(a) Authority.--Except as provided in section 329.1(a)
(relating to fees of notaries public), the department may
promulgate regulations to implement this chapter. Regulations
regarding the performance of notarial acts with respect to
electronic records may not require or accord greater legal
status or effect to the implementation or application of a
specific technology or technical specification. Regulations may:
(1) Prescribe the manner of performing notarial acts
regarding tangible and electronic records.
(1.1) Regarding notarial acts performed using audio-
visual communication:
(i) prescribe the means of performing a notarial act
involving audio-visual communication;
(ii) establish standards for the approval of audio-
visual communication technology;
(iii) establish standards for third person identity
verification and the process of identity proofing; and
(iv) establish standards for the retention of
records relating to audio-visual communications.
(2) Include provisions to ensure that any change to or
tampering with a record bearing a certificate of a notarial
act is self-evident.
(3) Include provisions to ensure integrity in the
creation, transmittal, storage or authentication of
electronic records or signatures.
(4) Prescribe the process of granting, renewing,
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conditioning, denying, suspending or revoking a notary public
commission and assuring the trustworthiness of an individual
holding a commission as notary public.
(5) Include provisions to prevent fraud or mistake in
the performance of notarial acts.
(6) Establish the process for approving and accepting
surety bonds under section 321(d) (relating to appointment
and commission as notary public; qualifications; no immunity
or benefit).
(7) Provide for the administration of the examination
under section 322(a) (relating to examination, basic
education and continuing education) and the course of study
under section 322(b).
(7.1) Require applicants for appointment and commission
as notaries public to submit criminal history record
information as provided in 18 Pa.C.S. Ch. 91 (relating to
criminal history record information) as a condition of
appointment.
(8) Include any other provision necessary to implement
this chapter.
* * *
(c) Audio-visual communications.--Regulations regarding the
performance of notarial acts by means of audio-visual
communication shall be published for notice of proposed
rulemaking in the Pennsylvania Bulletin within 18 months of the
effective date of this subsection.
Section 8. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) This section.
(ii) The amendment or addition of section 327(a) and
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(c) of the act.
(2) The remainder of this act shall take effect on the
date of publication of the notice of proposed rulemaking in
the Pennsylvania Bulletin under section 327(c) of the act.
SECTION 1. SECTION 304 OF TITLE 57 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 304. AUTHORITY TO PERFORM NOTARIAL ACT.
* * *
(C) CERTIFICATION OF TANGIBLE COPIES.--A NOTARY PUBLIC MAY
CERTIFY THAT A TANGIBLE COPY OF AN ELECTRONIC RECORD IS A TRUE
AND CORRECT COPY OF THE ELECTRONIC RECORD.
SECTION 2. TITLE 57 IS AMENDED BY ADDING A SECTION TO READ:
§ 314.1. NOTARIAL ACT PERFORMED BY A REMOTELY LOCATED
INDIVIDUAL.
(A) DEFINITIONS.--TERMS ARE DEFINED IN SUBSECTION (J).
(B) GENERAL RULE.--A REMOTELY LOCATED INDIVIDUAL MAY COMPLY
WITH SECTION 306 (RELATING TO PERSONAL APPEARANCE REQUIRED) BY
APPEARING BEFORE A NOTARY PUBLIC BY MEANS OF COMMUNICATION
TECHNOLOGY.
(C) USE OF COMMUNICATION TECHNOLOGY.--A NOTARY PUBLIC
LOCATED IN THIS COMMONWEALTH MAY PERFORM A NOTARIAL ACT
FACILITATED BY COMMUNICATION TECHNOLOGY FOR 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) OF THE
IDENTITY OF THE INDIVIDUAL;
(II) HAS SATISFACTORY EVIDENCE OF THE IDENTITY OF
THE REMOTELY LOCATED INDIVIDUAL BY OATH OR AFFIRMATION
FROM A CREDIBLE WITNESS APPEARING BEFORE THE NOTARY
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PUBLIC UNDER SECTION 307(B) OR UNDER THIS SECTION; OR
(III) IS ABLE TO REASONABLY IDENTIFY THE INDIVIDUAL
BY AT LEAST TWO DIFFERENT TYPES OF IDENTITY PROOFING
PROCESSES OR SERVICES.
(2) THE NOTARY PUBLIC IS ABLE TO REASONABLY IDENTIFY A
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.
(3) THE NOTARY PUBLIC, OR A PERSON ACTING ON BEHALF OF
THE NOTARY PUBLIC, CREATES AN AUDIO-VISUAL RECORDING OF THE
PERFORMANCE OF THE NOTARIAL ACT.
(4) 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.
(D) NOTARIAL CERTIFICATE.--IF A NOTARIAL ACT IS SUBJECT TO
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THIS SECTION, THE CERTIFICATE OF NOTARIAL ACT REQUIRED BY
SECTION 315 (RELATING TO CERTIFICATE OF NOTARIAL ACT) AND THE
SHORT FORM CERTIFICATE UNDER SECTION 316 (RELATING TO SHORT FORM
CERTIFICATES) MUST INDICATE THAT THE NOTARIAL ACT WAS PERFORMED
BY MEANS OF COMMUNICATION TECHNOLOGY.
(E) SUFFICIENCY.--A SHORT FORM CERTIFICATE UNDER SECTION 316
FOR A NOTARIAL ACT SUBJECT TO THIS SECTION IS SUFFICIENT IF
EITHER OF THE FOLLOWING PARAGRAPHS APPLY:
(1) THE SHORT FORM CERTIFICATE IS IN THE FORM PROVIDED
BY SECTION 316 AND CONTAINS A STATEMENT SUBSTANTIALLY AS
FOLLOWS:
"THIS NOTARIAL ACT INVOLVED THE USE OF COMMUNICATION
TECHNOLOGY."
(2) THE CERTIFICATE COMPLIES WITH THE REGULATIONS
PROMULGATED UNDER SUBSECTION (H)(1).
(F) 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) A PERSONAL REPRESENTATIVE OF A DECEASED NOTARY
PUBLIC.
(2) A PERSON UNDER PARAGRAPH (1) SHALL RETAIN THE AUDIO-
VISUAL RECORDING CREATED UNDER SUBSECTION (C)(3) 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
CREATED; OR
(II) AS OTHERWISE REQUIRED BY THE REGULATIONS
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PROMULGATED UNDER SUBSECTION (H)(4).
(G) 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 TECHNOLOGY.
(2) IF THE DEPARTMENT HAS ESTABLISHED STANDARDS FOR
APPROVAL OF COMMUNICATION TECHNOLOGY OR IDENTITY PROOFING
UNDER SUBSECTION (H) AND SECTION 327 (RELATING TO
REGULATIONS), THE COMMUNICATION TECHNOLOGY AND IDENTITY
PROOFING MUST CONFORM TO THE STANDARDS.
(H) REGULATIONS.--IN ADDITION TO MATTERS LISTED IN SECTION
327, THE DEPARTMENT SHALL PROMULGATE REGULATIONS REGARDING
PERFORMANCE OF A NOTARIAL ACT PERFORMED UNDER THIS SECTION. THE
REGULATIONS SHALL 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 CREATED UNDER SUBSECTION (C)(3) OF
THE PERFORMANCE OF A NOTARIAL ACT.
(I) PROMOTION OF UNIFORMITY.--BEFORE PROMULGATING, AMENDING
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OR REPEALING 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 THAT ENACT A STATUTORY PROVISION SUBSTANTIALLY
SIMILAR TO THIS SECTION.
(3) THE VIEWS OF GOVERNMENTAL OFFICIALS AND ENTITIES AND
OTHER INTERESTED PERSONS.
(J) 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
THAT:
(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 IN ACCORDANCE
WITH LAW.
"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
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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 PERFORMING A NOTARIAL
ACT UNDER SUBSECTION (C).
SECTION 3. SECTION 320 OF TITLE 57 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 320. NOTIFICATION REGARDING PERFORMANCE OF NOTARIAL ACT ON
ELECTRONIC RECORD; SELECTION OF TECHNOLOGY.
* * *
(C) CERTIFICATION OF TANGIBLE COPIES.--A RECORDER OF DEEDS
MAY ACCEPT FOR RECORDING A TANGIBLE COPY OF AN ELECTRONIC RECORD
CONTAINING A NOTARIAL CERTIFICATE AS SATISFYING ANY REQUIREMENTS
THAT THE RECORD BE AN ORIGINAL, IF THE NOTARIAL OFFICER
EXECUTING THE NOTARIAL CERTIFICATE CERTIFIES THAT THE TANGIBLE
COPY IS A TRUE AND CORRECT COPY OF THE ELECTRONIC RECORD.
SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE ADDITION OF 57 PA.C.S. §§ 304(C), 314.1(H) AND
(J) AND 320(C) SHALL TAKE EFFECT IMMEDIATELY.
(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JANUARY
1, 2020.
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