THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FARNESE, FONTANA, COSTA, RAFFERTY, ERICKSON, FOLMER, BREWSTER, HUGHES, WOZNIAK AND FERLO, JUNE 14, 2011

REFERRED TO STATE GOVERNMENT, JUNE 14, 2011  

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 oath of office, bond and recording, for

notarial seal, for determining identity of person appearing,

for register and copies of records and for fees of notaries

public; providing for revocation of commission for notarizing

fraudulent deeds or acknowledgments; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 8 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 8.  Oath of Office; Bond; Recording.--[Every] (a)  

Except as provided in subsection (b), every notary, upon

appointment and prior to entering upon the duties of the office

of notary public, shall take and subscribe the constitutional

oath of office, and shall give a surety bond, payable to the

Commonwealth of Pennsylvania, in the amount of ten thousand

dollars ($10,000), which bond shall, after being recorded, be

approved by and filed with the Secretary of the Commonwealth.

Every such bond shall have as surety a duly authorized surety

company or two sufficient individual sureties, to be approved by

the Secretary of the Commonwealth, conditioned for the faithful

performance of the duties of the office of notary public and for

the delivery of the notary's register and seal to the office of

the recorder of deeds of the proper county in case of the death,

resignation or disqualification of the notary within thirty (30)

days of such event. Such bond, as well as the commission and

oath of office, shall be recorded in the office of the recorder

of deeds of the county in which the notary maintains an office

at the time of appointment or reappointment. The commission of

any notary hereafter appointed who shall, for forty-five (45)

days after the beginning of the term, neglect to give bond and

cause the bond and the commission and oath to be recorded, as

above directed, shall be null and void.

(b)  In order to notarize deeds for the conveyance of real

property governed by 68 Pa.C.S. Ch. 71 (relating to general

provisions), a notary shall give a surety bond, payable to the

Commonwealth of Pennsylvania, in the amount of one hundred

thousand dollars ($100,000), which bond shall, after being

recorded, be approved by and filed with the Secretary of the

Commonwealth. The bond shall have as surety a duly authorized

surety company or two sufficient individual sureties, to be

approved by the Secretary of the Commonwealth, conditioned for

the faithful performance of the duties of the office of notary

public and for the delivery of the notary's register and seal to

the office of the recorder of deeds of the proper county in case

of the death, resignation or disqualification of the notary

within thirty (30) days of such event. The bond, as well as the

commission and oath of office, shall be recorded in the office

of the recorder of deeds of the county in which the notary

maintains an office at the time of appointment or reappointment.

The commission of any notary hereafter appointed who shall, for

forty-five (45) days after the beginning of the term, neglect to

give bond and cause the bond and the commission and oath to be

recorded, as directed in this subsection, shall be null and

void.

Section 2.  Sections 12, 12.1 and 15 of the act are amended

by adding subsections to read:

Section 12.  Notarial Seal.--* * *

(e.1)  Notwithstanding any other provision of law to the

contrary, a person who uses the official seal or any other

equipment of a person commissioned as notary public who is not

the notary public for whom the commission has been issued to

notarize any document commits an offense. A first offense under

this subsection is a misdemeanor of the first degree. A second

or subsequent offense under this subsection is a felony of the

third degree.

(e.2)  Any person commissioned as a notary public in this

Commonwealth who knowingly, recklessly or negligently notarizes

any document without determining the identity of all persons who

are signatories to the document to be notarized as provided by

this act or any other law commits an offense. A first offense

under this subsection is a misdemeanor of the first degree. A

second or subsequent offense under this subsection is a felony

of the third degree.

* * *

Section 12.1.  Determining Identity of Person Appearing.--* *

*

(c)  In addition to the requirements of this section, when

the notary is notarizing a deed, the notary shall require a

thumbprint of the grantor or grantors and the grantee or

grantees to appear on the deed at a place adjacent to their

respective signatures.

Section 15.  Register; Copies of Records.--* * *

(a.1)  In addition to the requirements of subsection (a), the

chronological register shall include the thumbprints of the

grantor or grantors and the grantee or grantees to a deed of

conveyance, to appear in the register of the notary adjacent to

the registry entry of the performance of that act by the notary.

* * *

Section 3.  Section 21(a) of the act, amended December 9,

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

Section 21.  Fees of Notaries Public.--(a)  The fees of

notaries public shall be fixed by the Secretary of the

Commonwealth with the approval of the Attorney General. The

Secretary of the Commonwealth shall provide a special fee for

the notarization of deeds and acknowledgments for the conveyance

of real property as provided in this act.

* * *

Section 4.  The act is amended by adding a section to read:

Section 21.1.  Revocation of Commission for Notarizing

Fraudulent Deeds or Acknowledgments.--(a)  The Secretary of the

Commonwealth may revoke the notary public commission of a notary

public who has notarized any deed or acknowledgment of the

transfer of a deed that is found to be fraudulent.

(b)  Any action taken by the Secretary of the Commonwealth

under this section shall be subject to the right of notice,

hearing and adjudication and 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).

Section 5.  This act shall take effect in 60 days.