S0595B0912A06827 DMS:JSL 04/16/18 #90 A06827
AMENDMENTS TO AMENDMENT A06459 TO SENATE BILL NO. 595
Sponsor: SENATOR FOLMER
Printer's No. 912
Amend Amendments, page 1, line 5, by inserting after "acts,"
further providing for authority to perform notarial act,
Amend Amendments, page 1, line 6, by striking out the period
after "individuals" and inserting
and further providing for notification regarding performance
of notarial act on electronic record and selection of
technology.
Amend Amendments, page 1, lines 10 and 11, by striking out
all of said lines and inserting
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:
Amend Amendments, page 1, line 14, by striking out "(i)" and
inserting
(j)
Amend Amendments, page 1, by inserting between lines 14 and
15
(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.
Amend Amendments, page 1, line 15, by striking out "(b)" and
inserting
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(c)
Amend Amendments, page 1, lines 17 and 18, by striking out
"relating to a statement made in or signature executed on a
record by" and inserting
for
Amend Amendments, page 1, lines 22 through 29, by striking
out "; or" in line 22, all of lines 23 through 28 and "(3) The"
in line 29 and inserting
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
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
Amend Amendments, page 1, line 29, by striking out "the" and
inserting
a
Amend Amendments, page 1, line 35, by striking out "(4)" and
inserting
(3)
Amend Amendments, page 2, line 3, by striking out "(5)" and
inserting
(4)
Amend Amendments, page 2, line 19, by striking out "(c)" and
inserting
(d)
Amend Amendments, page 2, lines 19 through 21, by striking
out "involves a" in line 19, all of line 20 and "remotely
located individual" in line 21 and inserting
is subject to this section
Amend Amendments, page 2, line 23, by inserting after "the"
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short form
Amend Amendments, page 2, lines 24 and 25, by striking out
"individual was remotely located." and inserting
notarial act was performed by means of communication
technology.
Amend Amendments, page 2, line 26, by striking out "(d)" and
inserting
(e)
Amend Amendments, page 2, line 26, by inserting after "A"
short form
Amend Amendments, page 2, line 29, by inserting after "The"
short form
Amend Amendments, page 2, lines 31 through 33, by striking
out "a statement made in or a" in line 31, all of line 32 and
"individual using" in line 33 and inserting
the use of
Amend Amendments, page 2, line 35, by striking out "(g)(1)"
and inserting
(h)(1)
Amend Amendments, page 2, line 36, by striking out "(e)" and
inserting
(f)
Amend Amendments, page 2, line 41, by striking out "the" and
inserting
a
Amend Amendments, page 2, line 44, by striking out "(b)(4)"
and inserting
(c)(3)
Amend Amendments, page 2, line 49, by striking out "made" and
inserting
created
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Amend Amendments, page 2, line 51, by striking out "(g)(4)"
and inserting
(h)(4)
Amend Amendments, page 3, line 1, by striking out "(f)" and
inserting
(g)
Amend Amendments, page 3, line 6, by striking out
"communication"
Amend Amendments, page 3, line 9, by striking out "(g)" and
inserting
(h)
Amend Amendments, page 3, line 12, by striking out "(g)" and
inserting
(h)
Amend Amendments, page 3, line 13, by striking out "may" and
inserting
shall
Amend Amendments, page 3, lines 14 and 15, by striking out
"with respect to a remotely located individual" and inserting
performed under this section
Amend Amendments, page 3, line 15, by striking out "may" and
inserting
shall
Amend Amendments, page 3, line 27, by inserting after
"recording"
created
Amend Amendments, page 3, line 27, by striking out "(b)(4)"
and inserting
(c)(4)
Amend Amendments, page 3, lines 28 through 32, by striking
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out "and establish a procedure to" in line 28, all of lines 29
through 31 and "terminated" in line 32
Amend Amendments, page 3, line 33, by striking out "(h)" and
inserting
(i)
Amend Amendments, page 3, lines 33 and 34, by striking out
"or deleting" and inserting
, amending or repealing
Amend Amendments, page 3, line 44, by striking out "which"
and inserting
that
Amend Amendments, page 3, line 48, by striking out "(i)" and
inserting
(j)
Amend Amendments, page 4, line 1, by striking out "which" and
inserting
that
Amend Amendments, page 4, line 6, by inserting after
"impairment"
in accordance with law
Amend Amendments, page 4, line 21, by striking out "who
performs" and inserting
performing
Amend Amendments, page 4, line 22, by striking out "(b)" and
inserting
(c)
Amend Amendments, page 4, line 23, by striking out all of
said line and inserting
Section 3. Section 320 of Title 57 is amended by adding a
subsection to read:
§ 320. Notification regarding performance of notarial act on
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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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