AN ACT

 

1Amending Title 57 (Notaries Public) of the Pennsylvania 
2Consolidated Statutes, in revised uniform law on notarial 
3acts, further providing for appointment and commission as 
4notary public, qualifications and no immunity or benefit <-and 
5for regulations; and further providing for application for 
6appointment to the office of notary public.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. <-Section 321(a), (b) Section 321(b) and (d.2) of 
10Title 57 of the Pennsylvania Consolidated Statutes, added 
11October 9, 2013 (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.

1(3) Be a resident of or have a place of employment or
2practice in this Commonwealth.

3(4) Be able to read and write English.

4(5) Not be disqualified to receive a commission under
5section 323 (relating to sanctions).

6(6) Have passed the examination required under section
7322(a) (relating to examination, basic education and
8continuing education).

9(7) Comply with other requirements established by the
10department by regulation as necessary to insure the
11competence, integrity and qualifications of a notary public
12and to insure the proper performance of notarial acts. The
13department may promulgate regulations requiring applicants to
14submit criminal history record information as provided in 18
15Pa.C.S. Ch. 91 (relating to criminal history record
16information) as a condition of appointment.

<-17* * *

18(b) Application.--An individual qualified under subsection
19(a) may apply to the department for appointment and commission
20as a notary public. The application must comply with all of the
21following:

22(1) Be made to the department on a form prescribed by
23the department.

24(2) Be accompanied by a nonrefundable fee of $42,
25payable to the Commonwealth of Pennsylvania. This amount
26shall include the application fee for notary public
27commission and fee for filing of the bond with the
28department.

29[(3) Bear an endorsement as follows:

30(i) Except as set forth in this paragraph, the

1endorsement of the senator of the district in which the
2applicant resides.

3(ii) If the applicant does not reside in this
4Commonwealth, the endorsement of the senator of the
5district in which the applicant is employed.

6(iii) If there is a vacancy in the senatorial
7district under subparagraph (i) or (ii), the endorsement
8of the senator of an adjacent district.]

9* * *

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

11(1) [Upon] Within 45 days after appointment and prior to
12entering into the duties of a notary public, the bond, oath
13of office and commission must be recorded in the office of
14the recorder of deeds of the county in which the notary
15public maintains an office.

16(2) Upon reappointment, the bond, oath of office and
17commission must be recorded in the office of the recorder of
18deeds of the county in which the notary public maintains an
19office.

20(3) Within 90 days of recording under this subsection, a
21copy of the bond and oath of office must be filed with the
22department.

23* * *

<-24Section 2. Section 327(a) of Title 57 is amended by adding a
25paragraph to read:

26§ 327. Regulations.

27(a) Authority.--Except as provided in section 329.1(a)
28(relating to fees of notaries public), the department may
29promulgate regulations to implement this chapter. Regulations
30regarding the performance of notarial acts with respect to

1electronic records may not require or accord greater legal
2status or effect to the implementation or application of a
3specific technology or technical specification. Regulations may:

4* * *

5(7.1) Require applicants for appointment and commission
6as notaries public to submit criminal history record
7information as provided in 18 Pa.C.S. Ch. 91 (relating to
8criminal history record information) as a condition of
9appointment.

10* * *

11Section <-2 3. Notwithstanding section 5(a) of the act of
12August 21, 1953 (P.L.1323, No.373), known as The Notary Public
13Law, an application for appointment to the office of notary
14public shall not be required to bear:

15(1) the endorsement of the Senator of the district in
16which the applicant for appointment to the office of notary
17public resides; or

18(2) if the applicant for appointment to the office of
19notary public does not reside in this Commonwealth, the
20endorsement of the Senator of the district in which the
21applicant is employed.

22Section <-3 4. This act shall take effect as follows:

23(1) This section shall take effect immediately.

<-24(2) The addition of 57 Pa.C.S. § 327(a)(7.1) shall take
25effect immediately.

26(2) (3) Section <-2 3 of this act shall take effect in 180
27days.

<-28(3) (4) The remainder of this act shall take effect 180
29days after publication of the notice under section 4 of the
30act of October 9, 2013 (P.L.609, No.73), entitled, "An act

1amending Titles 42 (Judiciary and Judicial Procedure) and 57
2(Notaries Public) of the Pennsylvania Consolidated Statutes,
3enacting uniform laws on attestation in the areas of unsworn
4foreign declarations and notarial acts; making editorial
5changes; making related repeals; and abrogating a
6regulation," or immediately, whichever is later.