AN ACT

 

<-1Amending the act of August 21, 1953 (P.L.1323, No.373), entitled
2"An act concerning notaries public; and amending, revising,
3consolidating and changing the law relating thereto," further
4providing for application to become notary public.

<-5Amending Title 57 (Notaries Public) of the Pennsylvania
6Consolidated Statutes, in revised uniform law on notarial
7acts, further providing for appointment and commission as
8notary public, qualifications and no immunity or benefit.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

<-11Section 1. Section 5(a) of the act of August 21, 1953
12(P.L.1323, No.373), known as The Notary Public Law, amended
13December 9, 2002 (P.L.1269, No.151), is amended to read:

14Section 5. Application to Become a Notary Public.--(a)
15Applications for appointment to the office of notary public
16shall be made to the Secretary of the Commonwealth, on forms
17prescribed and furnished by the secretary, and shall be
18accompanied by a non-refundable filing fee as set forth in
19section 618-A of the act of April 9, 1929 (P.L.177, No.175),
20known as "The Administrative Code of 1929," payable to the order
21of the "Commonwealth of Pennsylvania." [Each application shall

1bear the endorsement of the Senator of the district in which the
2applicant resides or, if the applicant does not reside in this
3Commonwealth, the endorsement of the Senator of the district in
4which the applicant is employed. In the case of a vacancy in
5that senatorial district, the application shall be endorsed by
6the Senator of an adjacent district.]

7* * *

8Section 2. This act shall take effect in 60 days.

<-9Section 1. Section 321(a), (b) and (d.2) of Title 57 of the 
10Pennsylvania Consolidated Statutes, added October 9, 2013 
11(P.L.609, No.73), are amended to read:

12§ 321. Appointment and commission as notary public;
13qualifications; no immunity or benefit.

14(a) Eligibility.--An applicant for appointment and
15commission as a notary public must meet all of the following:

16(1) Be at least 18 years of age.

17(2) Be a citizen or permanent legal resident of the
18United States.

19(3) Be a resident of or have a place of employment or
20practice in this Commonwealth.

21(4) Be able to read and write English.

22(5) Not be disqualified to receive a commission under
23section 323 (relating to sanctions).

24(6) Have passed the examination required under section
25322(a) (relating to examination, basic education and
26continuing education).

27(7) Comply with other requirements established by the
28department by regulation as necessary to insure the
29competence, integrity and qualifications of a notary public
30and to insure the proper performance of notarial acts. The
 

1department may promulgate regulations requiring applicants to 
2submit criminal history record information as a condition of 
3appointment.

4(b) Application.--An individual qualified under subsection
5(a) may apply to the department for appointment and commission
6as a notary public. The application must comply with all of the
7following:

8(1) Be made to the department on a form prescribed by
9the department.

10(2) Be accompanied by a nonrefundable fee of $42,
11payable to the Commonwealth of Pennsylvania. This amount
12shall include the application fee for notary public
13commission and fee for filing of the bond with the
14department.

15[(3) Bear an endorsement as follows:

16(i) Except as set forth in this paragraph, the
17endorsement of the senator of the district in which the
18applicant resides.

19(ii) If the applicant does not reside in this
20Commonwealth, the endorsement of the senator of the
21district in which the applicant is employed.

22(iii) If there is a vacancy in the senatorial
23district under subparagraph (i) or (ii), the endorsement
24of the senator of an adjacent district.]

25* * *

26(d.2) Recording and filing.--

27(1) [Upon] Within 45 days after appointment and prior to
28entering into the duties of a notary public, the bond, oath
29of office and commission must be recorded in the office of
30the recorder of deeds of the county in which the notary

1public maintains an office.

2(2) Upon reappointment, the bond, oath of office and
3commission must be recorded in the office of the recorder of
4deeds of the county in which the notary public maintains an
5office.

6(3) Within 90 days of recording under this subsection, a
7copy of the bond and oath of office must be filed with the
8department.

9* * *

10Section 2. This act shall take effect in 60 days.