SENATE AMENDED
PRIOR PRINTER'S NOS. 946, 1072, 2107, PRINTER'S NO. 4679
4656
No. 851 Session of 2001
INTRODUCED BY CLYMER, BARRAR, CALTAGIRONE, HALUSKA, HENNESSEY,
HORSEY, LEH, S. MILLER, NAILOR, PRESTON, READSHAW, SHANER,
STABACK, T. STEVENSON, E. Z. TAYLOR, THOMAS, WASHINGTON,
YOUNGBLOOD, ZIMMERMAN, METCALFE AND WATERS, MARCH 7, 2001
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 25, 2002
AN ACT
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 appointment of notaries, for eligibility, for
5 applications to become a notary public, for application for
6 reappointment, for resignation and for change of residence,
7 for oath of office, bond and recording, for registration of
8 notary's signature and fees, for notarial seal, for
9 electronic notarization, for register and copier of records,
10 for power to administer oaths, affirmations, certain writings
11 relating to commerce, depositions, affidavits and certain
12 writings relating to land, for fees of notaries public, for
13 rejection of application and for surrender of seal; providing
14 for revocation of commission for certain personal checks and
15 for regulations; making editorial changes; and making <--
16 repeals; AND MAKING EDITORIAL CHANGES. <--
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 2 of the act of August 21, 1953
20 (P.L.1323, No.373), known as The Notary Public Law, is amended
21 to read:
22 Section 2. Appointment of Notaries.--The Secretary of the
1 Commonwealth is hereby authorized to appoint and commission, for
2 a term of four years from the date of appointment, as many
3 notaries public as, in [his] the secretary's judgment, the
4 interest of the public may require, whose jurisdiction shall be
5 co-extensive with the boundaries of the Commonwealth[,
6 irrespective of their place of residence within the
7 Commonwealth].
8 Section 2. Section 3 of the act, amended June 9, 1978
9 (P.L.462, No.61), is amended to read:
10 Section 3. Eligibility.--[Any citizen of Pennsylvania, being
11 eighteen (18) years of age or over, of known character,
12 integrity and ability, shall be eligible to the office of notary
13 public, if he shall have resided within this Commonwealth for at
14 least one (1) year immediately preceding the date of his
15 appointment, and if he shall be a registered elector in the
16 Commonwealth.] (a) Any person who is eighteen (18) years of age
17 or over, WHO resides or is employed within this Commonwealth and <--
18 who is of good character, integrity and ability shall be
19 eligible for the office of notary public.
20 (b) Any person who is a notary public and who resides
21 outside this Commonwealth shall be deemed to have irrevocably
22 appointed the Secretary of the Commonwealth as the person's
23 agent upon whom may be served any summons, subpoena, order or
24 other process.
25 Section 3. Section 5 of the act, amended June 30, 1988
26 (P.L.462, No.78), is amended to read:
27 Section 5. Application to Become a Notary Public.--(a)
28 Applications for appointment to the office of notary public
29 shall be made to the Secretary of the Commonwealth, on forms
30 prescribed and furnished by [him] the secretary, and shall be
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1 accompanied by a non-refundable filing fee [of twenty-five
2 dollars ($25), payable to the order of "State Treasurer," by
3 money order, check, or draft. Each] as set forth in section 618-
4 A of the act of April 9, 1929 (P.L.177, No.175), known as "The
5 Administrative Code of 1929," payable to the order of the
6 "Commonwealth of Pennsylvania." Except as provided in subsection <--
7 (b) each EACH application shall bear the endorsement of the <--
8 Senator or House member of the district in which the applicant <--
9 resides[, or, in] or, if the applicant does not reside in this
10 Commonwealth, the endorsement of the Senator or House member of <--
11 the district in which the applicant is employed. In the case of
12 a vacancy in [that senatorial] either district, the application <--
13 shall be endorsed by the Senator or House member of an adjacent <--
14 district.
15 (b) The Secretary of the Commonwealth may accept electronic <--
16 applications from persons seeking appointment to the office of
17 notary public. Electronic applications must contain all
18 information required by the Secretary of the Commonwealth and be
19 accompanied by payment. The legislative endorsement required by
20 subsection (a) is not required to be submitted electronically.
21 (c) (B) Before issuing to any applicant a commission as <--
22 notary public, the Secretary of the Commonwealth shall [satisfy
23 himself] be satisfied that the applicant is of good moral
24 character, and is familiar with the duties and responsibilities
25 of a notary public. [Such qualifying requirements may be waived] <--
26 IN THE CASE OF REAPPOINTMENT OR APPOINTMENTS OF PERSONS MAKING <--
27 APPLICATION WITHIN SIX (6) MONTHS AFTER THE EXPIRATION OF A
28 PREVIOUS TERM AS NOTARY PUBLIC, OR APPOINTMENTS OF PERSONS WHO
29 WERE PREVENTED FROM APPLYING FOR REAPPOINTMENT OR FROM APPLYING
30 FOR APPOINTMENT, WITHIN THE SIX (6) MONTH EXTENSION PERIOD
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1 MENTIONED ABOVE, BY REASON OF THEIR INDUCTION OR ENLISTMENT IN
2 THE ARMED FORCES OF THE UNITED STATES, IF APPLICATION IS MADE
3 WITHIN ONE (1) YEAR AFTER MILITARY DISCHARGE OF THE APPLICANT,
4 UNDER CONDITIONS OTHER THAN DISHONORABLE.] The application must
5 contain no significant MATERIAL misstatement or omission of fact <--
6 and the applicant shall not:
7 (1) have been convicted of, or pled guilty or nolo
8 contendere to a felony or a lesser offense incompatible with the
9 duties of a notary public during the five (5) year period
10 preceding the date of the application; or
11 (2) have had a prior notary public commission revoked by the
12 Commonwealth or any other state during the five (5) year period
13 preceding the date of the application.
14 The Secretary of the Commonwealth may, for good cause, reject
15 any application, of any notary public subject to the right of
16 notice, hearing and adjudication and the right of appeal
17 therefrom in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating
18 to practice and procedure of Commonwealth agencies) and 7 Subch.
19 A (relating to judicial review of Commonwealth agency action),
20 known as the Administrative Agency Law.
21 (d) The Secretary of the Commonwealth may waive the <--
22 requirements of subsections (a) and (b) in the case of
23 reappointment or appointments of persons making application
24 within six (6) months after the expiration of a previous term as
25 notary public, or appointments of persons who were prevented
26 from applying for reappointment or from applying for
27 appointment, within the six (6) month extension period mentioned
28 above, by reason of their induction or enlistment in the armed
29 forces of the United States, if application is made within one
30 (1) year after military discharge of the applicant, under
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1 conditions other than dishonorable.
2 (e) (C) As a condition for the Secretary of the <--
3 Commonwealth's issuance of a notary commission to an applicant
4 not appointed to the office of notary public as of the effective
5 date of this act SUBSECTION, a notary applicant must complete at <--
6 least three (3) hours of approved notary education within the
7 six (6) month period immediately preceding their application.
8 (f) (D) Notary education may either be interactive or <--
9 classroom instruction. All education programs shall be pre-
10 approved by the Secretary of the Commonwealth with a core
11 curriculum that includes the duties and responsibilities of the
12 notary office, and electronic notarization.
13 Section 4. Sections 6, 7 and 8 of the act are amended to
14 read:
15 Section 6. Application for Reappointment.--Applications for
16 reappointment to the office of notary public shall be filed at
17 least [one month] two months prior to the expiration of the
18 commission under which the notary is acting. Persons seeking
19 reappointment must continue to meet the eligibility requirements <--
20 set forth in section 5 in order to be reappointed.
21 Section 7. Vacation of Office; Change of Residence.--(a) In
22 the event of any change of address within the Commonwealth,
23 notice in writing or electronically shall be given to the
24 Secretary of the Commonwealth and the recorder of deeds of the
25 county of original appointment by a notary public within five
26 (5) days of such change. For the purpose of this [section]
27 subsection, "address" means office address. A notary public
28 vacates his office by removing the notary's residence and
29 business address from the Commonwealth, and such removal shall
30 constitute a resignation from the office of notary public as of
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1 the date of removal.
2 (b) If a notary public neither resides nor works in the
3 Commonwealth, that notary public shall be deemed to have
4 resigned from the office of notary public as of the date the
5 residency ceases or employment within the Commonwealth
6 terminates. A notary public who resigns that notary's commission
7 in accordance with this subsection shall notify the Secretary of
8 the Commonwealth in writing of the effective date of the
9 resignation.
10 Section 8. Oath of Office; Bond; Recording.--Every notary,
11 [on his appointment and before he enters] upon appointment and
12 prior to entering upon the duties of the office of notary
13 public, shall take and subscribe the constitutional oath of
14 office, and shall give a surety bond, payable to the
15 Commonwealth of Pennsylvania, in [such amount as shall be fixed
16 by the Secretary of the Commonwealth] the amount of ten thousand
17 dollars ($10,000), which bond shall, after being recorded, be
18 approved by and filed with the Secretary of the Commonwealth.
19 Every such bond shall have as surety a duly authorized surety
20 company or two sufficient individual sureties, to be approved by
21 the Secretary of the Commonwealth, conditioned for the faithful
22 performance of the duties of the office of notary public and for
23 the delivery of [his register and all other public papers INTO] <--
24 the notary's register into AND SEAL TO the office of the <--
25 recorder of deeds of the proper county in case of [his] the
26 death, resignation[, disqualification, or removal] or
27 disqualification of the notary WITHIN THIRTY (30) DAYS OF SUCH <--
28 EVENT. Such bond, as well as [his] the commission and oath of
29 office, shall be recorded in the office of the recorder of deeds
30 of the county in which [he] the notary maintains an office at
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1 the time of appointment or reappointment. The commission of any
2 notary hereafter appointed who shall, for [the space of thirty
3 (30)] forty-five (45) days after the beginning of [his] the
4 term, neglect to give bond and cause the [same] BOND and [his] <--
5 the commission and oath to be recorded, as above directed, shall
6 be null and void.
7 Section 5. Section 9 of the act, amended July 22, 1965
8 (P.L.222, No.122), is amended to read:
9 Section 9. Registration of Notary's Signature; Fee.--(a)
10 The official signature of each notary public shall be
11 registered, in the "Notary Register" provided for such purpose
12 in the prothonotary's office of the county wherein [he] the
13 notary maintains an office, within [thirty (30)] forty-five (45)
14 days after appointment or reappointment, and in any county to
15 which [he] the notary may subsequently move [his office, within
16 ten (10)] the notary's office, within thirty (30) days
17 thereafter. In counties of the second class, such signature
18 shall also be registered in the clerk of courts' office within
19 said period.
20 (b) The fee to be charged by the prothonotary for recording
21 a notary's signature shall be fifty ($.50) cents.
22 (c) In acting as a notary public, a notary shall sign the
23 notary's name exactly and only as it appears on the commission, <--
24 OR OTHERWISE EXECUTE THE NOTARY'S ELECTRONIC SIGNATURE IN A
25 MANNER THAT ATTRIBUTES SUCH SIGNATURE TO THE NOTARY PUBLIC
26 IDENTIFIED ON THE COMMISSION.
27 (d) A county may permit notaries to register their
28 electronic signatures.
29 Section 6. Section 12 of the act amended June 30, 1988
30 (P.L.462, No.78), is amended to read:
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1 Section 12. Notarial Seal.--(a) A notary public shall
2 provide and keep an official seal which shall be used to
3 authenticate all the acts, instruments and attestations of the
4 notary. The seal shall be a rubber stamp and shall show clearly
5 in the following order: the words "Notarial Seal"; the name and
6 surname of the notary and the words "Notary Public"; the name of
7 the [political subdivision] MUNICIPALITY and county in which the <--
8 notary maintains an office; and the date the notary's commission
9 expires.
10 (b) The seal shall have a maximum height of one (1) inch and
11 width of three and one-half (3 1/2) inches, with a plain border.
12 It shall be stamped in a prominent place on the official
13 notarial [act] certificate near the notary's signature in such a
14 manner as to be capable of photographic reproduction.
15 [(c) In addition to the official seal required in subsection
16 (a), a notary public shall also use and keep an embosser upon
17 which shall be engraved the words "Notary Public, Commonwealth
18 of Pennsylvania," and the name and surname of the notary. All
19 documents executed shall bear a legibly embossed impression.]
20 (d) The notary public seal is the exclusive property of the
21 notary to whom it is issued and a notary shall be responsible at
22 all times for maintaining custody and control of the seal. No
23 public notary NOTARY PUBLIC shall permit the use of the seal by <--
24 another person.
25 (e) The use of a notary public seal by a person who is not
26 the notary public named on the seal shall be deemed an
27 impersonation of a notary public under and shall be subject to
28 the penalties set forth in 18 Pa.C.S. § 4913 (relating to
29 impersonating a notary public).
30 (f) Notwithstanding other provisions of this section, in
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1 accordance with the act of December 16, 1999 (P.L.971, No.69),
2 known as the "Electronic Transactions Act," a notary public may <--
3 IS NOT REQUIRED TO use an electronic seal for the notarization, <--
4 acknowledgment or verification of electronic records and
5 electronic signatures The electronic seal shall contain the <--
6 following information in order:, PROVIDED THAT, IN ANY EVENT, <--
7 THE FOLLOWING INFORMATION IS ATTACHED TO OR LOGICALLY ASSOCIATED
8 WITH THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD BEING
9 NOTARIZED, ACKNOWLEDGED OR VERIFIED:
10 (1) The full name of the notary along with the words "Notary
11 Public."
12 (2) The name of the political subdivision MUNICIPALITY and <--
13 the county in which the notary maintains an office.
14 (3) The date the notary's commission is due to expire.
15 The notary's electronic signature and the required information <--
16 shall be attached to or logically associated with the electronic
17 signature or electronic record.
18 Section 7. The act is amended by adding a section to read:
19 Section 12.1. Determining Identity of Person Appearing.--(a)
20 The officer notarizing the instrument shall know through
21 personal knowledge or have satisfactory evidence that the person
22 appearing before the notary is the person described in and who
23 executed IS EXECUTING the instrument. For the purposes of this <--
24 act and section 5 of the act of July 24, 1941 (P.L.490, No.188),
25 known as the "Uniform Acknowledgment Act," "personal knowledge"
26 means having an acquaintance, derived from association with the
27 individual in relation to other people and based upon a chain of
28 circumstances surrounding the individual, which establishes the
29 individual's identity and "satisfactory evidence" means the
30 reliance on the presentation of a current, government-issued
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1 identification card bearing a photograph, signature OR physical <--
2 description and serial or identification number, or the <--
3 presentation of a valid without photograph identification card,
4 or the oath or affirmation of a credible witness who is
5 personally known to the notary and who personally knows the
6 individual.
7 (b) In certifying a copy of a document or other item, a
8 notary public shall determine that the proffered copy is a full,
9 true and accurate transcription or reproduction of that which
10 was copied.
11 Section 8. Sections 15 and 16 of the act are amended to
12 read:
13 Section 15. Register; Copies of Records.--(a) Every notary
14 public shall keep [an accurate] and maintain custody and control
15 of an accurate chronological register of all official acts by
16 [him] that notary done by virtue of [his] that notary's office,
17 and shall, when thereunto required, give a certified copy of
18 [any record in his] the register in the notary's office to any
19 person applying for same. [Said] Each register shall contain the
20 date of the act, the character of the act, and the date and
21 parties to the instrument, and the amount of fee collected for
22 the service. Each authorization NOTARIZATION shall be indicated <--
23 separately.
24 (b) The register and other public [papers] records of such
25 notary shall not in any case be liable to be [sized] seized,
26 attached or taken in execution for debt or for any demand
27 whatsoever.
28 (c) A notary public register is the exclusive property of
29 the notary public, may not be used by any other person and may
30 not be surrendered to any employer of the notary upon
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1 termination of employment.
2 (d) Upon a notary public's resignation, death OR <--
3 disqualification, OR UPON THE revocation or expiration of a <--
4 commission, UNLESS THE NOTARY PUBLIC APPLIES FOR A COMMISSION <--
5 WITHIN THIRTY (30) DAYS OF THE EXPIRATION OF THE PRIOR
6 COMMISSION, the notary public's register shall be delivered to
7 the office of the recorder of deeds of the proper county WITHIN <--
8 THIRTY (30) DAYS OF SUCH EVENT.
9 Section 16. Power to Administer Oaths and Affirmations.--(a)
10 Notaries shall have power to administer oaths and affirmations,
11 certify copies and take depositions, affidavits, verifications,
12 upon oath or affirmation and acknowledgments according to law,
13 in all matters belonging or incident to the exercise of their
14 notarial office.
15 (b) Any person who shall be convicted of having wilfully and
16 knowingly made or taken a false oath [or affirmation],
17 affirmation, deposition, affidavit, certification or
18 acknowledgment before any notary in any matters within their
19 official duties shall be guilty of perjury under and shall be
20 subject to the penalties [in such case made and provided] set
21 forth in 18 Pa.C.S. § 4902 (relating to perjury).
22 Section 9. Sections 17 and 18 of the act are repealed.
23 Section 10. Sections 19, 21 and 22 of the act are amended to
24 read:
25 Section 19. Limitation on Powers; Fees.--[(a) No director
26 or officer in any bank, banking institution or trust company,
27 holding at the same time the office of notary public, shall do
28 or perform any act or duty as notary public for any bank,
29 banking institution or trust company in which he is a director
30 or officer. Any act or duty performed by any such notary public
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1 for any such bank, banking institution or trust company is
2 hereby declared invalid.
3 (b) No clerk in any bank, banking institution or trust
4 company, holding at the same time the office of notary public,
5 shall be authorized to protest checks, notes, drafts, bill of
6 exchange, or any commercial paper, for any bank, banking
7 institution or trust company in which he is employed.
8 (c) The fees of any such notary for other services rendered
9 shall be the property of such notary and in no case belong to or
10 be received by the corporation of which he is a director or
11 clerk.]
12 (d) No [justice of the peace, magistrate or alderman,]
13 district justice, holding at the same time the office of notary
14 public, shall have jurisdiction in cases arising on papers or
15 documents containing acts by him done in the office of notary
16 public.
17 (e) No notary public may act as such in any transaction in
18 which he is a party directly or pecuniarily interested. For the
19 purpose of this section, none of the following shall constitute
20 a direct or pecuniary interest:
21 (1) being a shareholder in a publicly traded company that is
22 a party to the notarized transaction;
23 (2) being an officer, director or employe of a company that
24 is a party to the notarized transaction, unless the director,
25 officer or employe personally benefits from the transaction
26 other than as provided in clause (3); or
27 (3) receiving a fee that is not contingent upon the
28 completion of the notarized transaction.
29 Section 21. Fees of Notaries Public.--(a) The fees of
30 notaries public shall be fixed by the Secretary of the
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1 Commonwealth with the approval of the Attorney General.
2 (b) A notary public shall not charge, attempt to charge or
3 receive a notary public fee that is in excess of the fees fixed
4 by the Secretary of the Commonwealth.
5 (c) The fees of notaries public shall be displayed in a
6 conspicuous location in the notary's place of business or be
7 provided to any person requesting UPON REQUEST TO ANY PERSON <--
8 UTILIZING the services of the notary. The fees of the notary
9 shall be separately stated. A notary public may waive the right
10 to charge a fee, in which case the requirements of this
11 subsection regarding the display or provision of fees shall not
12 apply.
13 (d) The fee for any notary public employed by a bank,
14 banking institution or trust company shall be the property of
15 the notary and in no case belong to or be received by the
16 corporation for whom the notary is employed.
17 Section 22. Rejection of Application; Removal.--(a) The
18 Secretary of the Commonwealth may, for good cause, reject any
19 application, issue a written reprimand, suspend or revoke the
20 commission of any notary public[, but such action shall be
21 taken].
22 (b) The Secretary of the Commonwealth may, for good cause,
23 impose a civil penalty not to exceed five hundred dollars ($500)
24 for each act or omission which constitutes a violation of this
25 act.
26 (c) The Secretary of the Commonwealth may, for good cause,
27 order a notary to attend education courses for an act or
28 omission which constitutes a violation of this act.
29 (d) Any action taken under this section shall be subject to
30 the right of notice, hearing and adjudication, and the right of
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1 appeal therefrom, in accordance with [the provisions of the
2 Administrative Agency Law, approved the fourth day of June, one
3 thousand nine hundred forty-five (Pamphlet Laws 1388), or any
4 amendment or reenactment thereof, relating to adjudication
5 procedure.] 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and
6 procedure of Commonwealth agencies) and 7 Subch. A (relating to
7 judicial review of Commonwealth agency action), known as the
8 Administrative Agency Law.
9 Section 11. Section 22.1 of the act, added June 9, 1978
10 (P.L.462, No.61), is amended to read:
11 Section 22.1. Surrender of Seal.--(a) Should an application
12 or renewal be rejected, or should a commission be revoked or
13 recalled for any reason, or should a notary public resign, the
14 applicant or notary shall deliver the seal of office to the
15 Department of State within ten (10) days after notice from the
16 department[.] or from the date of resignation, as the case may
17 be. Any person who violates the provisions of this subsection
18 shall be guilty of a summary offense and upon conviction thereof
19 shall be sentenced to pay a fine not exceeding three hundred
20 dollars ($300) or to imprisonment not exceeding ninety (90)
21 days, or both.
22 (b) Upon the death of a notary public, the notary's personal
23 representative shall deliver the seal of office to the
24 Department of State within ninety (90) days of the date of the
25 notary's death.
26 [Any person who violates the provisions of this section shall
27 be guilty of a summary offense and upon conviction thereof shall
28 be sentenced to pay a fine not exceeding three hundred dollars
29 ($300) or to imprisonment not exceeding ninety (90) days, or
30 both.]
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1 Section 12. The act is amended by adding sections to read:
2 Section 22.2. Revocation of Commission for Certain Personal
3 Checks.--(a) The Secretary of the Commonwealth may revoke the
4 notary public commission of a notary public who issues to the
5 order of any State agency or the Commonwealth a personal check
6 without sufficient funds on deposit.
7 (b) Any action taken by the Secretary of the Commonwealth
8 under this section shall be subject to the right of notice,
9 hearing and adjudication and right of appeal therefrom in
10 accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
11 and procedure of Commonwealth agencies) and 7 Subch. A (relating
12 to judicial review of Commonwealth agency action), known as the
13 Administrative Agency Law.
14 Section 22.3. Regulations.--The Secretary of the
15 Commonwealth shall have the authority to promulgate such rules
16 and regulations as are necessary to administer and enforce this
17 act.
18 Section 13. Section 24 of the act is amended to read:
19 Section 24. [General Repeal.--All other] Repeals.--(a) The
20 following acts and parts of acts are repealed [in so far as they
21 are inconsistent with the provisions of this act.]:
22 The act of April 14, 1828 (P.L.447, No.188), entitled "An act
23 to authorize the appointment of commissioners to take the
24 acknowledgement of deeds and instruments of writing under seal."
25 The act of March 13, 1839 (P.L.92, No.44), entitled "A
26 supplement to an act entitled 'An act to authorize the
27 appointment of commissioners to take the acknowledgment of deeds
28 and instruments of writing under seal,' approved on the
29 fourteenth day of April, one thousand eight hundred and twenty-
30 eight."
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1 The act of April 6, 1843 (P.L.175, No.83), entitled "A
2 supplement to an act entitled 'An Act to authorize the
3 appointment of Commissioners to take the acknowledgment of deeds
4 and instruments of writing under seal.'"
5 Section 15 of the act of April 9, 1849 (P.L.524, No.354),
6 entitled "A supplement to an act relative to the venders of
7 mineral waters; and an act relative to the Washington coal
8 company; to sheriffs' sales of real estate; to the substitution
9 of executors and trustees when plaintiffs; to partition in the
10 courts of common pleas, and for other purposes."
11 (b) All other acts and parts of acts are repealed insofar as
12 they are inconsistent with this act.
13 Section 14. This act shall take effect in 180 days JULY 1, <--
14 2003.
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