Trial Engrossment of Amendment A04847 to House Bill 1564 P.N. 1987, Regular Session 2019-2020

A04847

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1564

Session of

2019

INTRODUCED BY EMRICK, JUNE 4, 2019

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 4, 2019

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, Amending Titles 42 (Judiciary and

Judicial Procedure), 53 (Municipalities Generally) and 57

(Notaries Public) of the Pennsylvania Consolidated Statutes,

in Uniform Unsworn Foreign Declarations Act, further

providing for heading of chapter, for short title of chapter,

for definitions, for applicability and for form of unsworn

declaration; in consolidated county assessment, further

providing for definitions, for subjects of local taxation and

for assessment of mobile homes and house trailers.; in

Revised Uniform Law on Notarial Acts, further providing for

authority to perform notarial act, providing for notarial act

performed by remotely located individual and further

providing for notification regarding performance of notarial

act on electronic record and selection of technology.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 8802 of Title 53 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

Section 1. Chapter 62 heading and sections 6201, 6202, 6203

and 6206 of Title 42 of the Pennsylvania Consolidated Statutes

are amended to read:

CHAPTER 62

UNIFORM UNSWORN [FOREIGN]

DECLARATIONS ACT

§ 6201. Short title of chapter.

This chapter shall be known and may be cited as the Uniform

Unsworn [Foreign] Declarations Act.

§ 6202. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

["Boundaries of the United States." The geographic

boundaries of the United States, Puerto Rico, the Virgin Islands

and any territory or insular possession subject to the

jurisdiction of the United States.]

"Law." Includes [the Federal or a state constitution, a

Federal or state] a statute, [a] judicial decision or order, [a]

rule of court, [an] executive order and [an] administrative

rule, regulation or order.

"Record." Information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is

retrievable in perceivable form.

"Sign." With present intent to authenticate or adopt a

record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record

an electronic symbol, sound or process.

["State." A state of the United States, the District of

Columbia, Puerto Rico, the Virgin Islands or any territory or

insular possession subject to the jurisdiction of the United

States.]

"Sworn declaration." A declaration in a signed record given

under oath. The term includes a sworn statement, verification,

certificate and affidavit.

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"Unsworn declaration." A declaration in a signed record

[that is] not given under oath but [is] given under penalty of

perjury.

§ 6203. Applicability.

This chapter applies to an unsworn declaration by a declarant

who at the time of making the declaration is physically located

within or outside the boundaries of the United States whether or

not the location is subject to the jurisdiction of the United

States. [This chapter does not apply to a declaration by a

declarant who is physically located on property that is within

the boundaries of the United States and subject to the

jurisdiction of another country or a federally recognized Indian

tribe.]

§ 6206. Form of unsworn declaration.

An unsworn declaration under this chapter must be in

substantially the following form:

I declare under penalty of perjury under the law of the

Commonwealth of Pennsylvania that the foregoing is true

and correct[, and that I am physically located outside

the geographic boundaries of the United States, Puerto

Rico, the Virgin Islands and any territory or insular

possession subject to the jurisdiction of the United

States].

[Executed] Signed on the........day of........,........,

at............................................,

(date)........(month)...........(year).........

([city] county or other location, and state)............

...............................................

(country)..................................

(printed name).............................

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(signature)................................

Section 2. Section 8802 of Title 53 is amended by adding

definitions to read:

§ 8802. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Manufactured home." A manufactured home as defined in

section 603(6) of the National Manufactured Housing Construction

and Safety Standards Act of 1974 (Public Law 93-383, 42 U.S.C.

5402(6)) or a structure designed and used exclusively for living

quarters.

"Mobile home." A structure manufactured before 1976,

designed and used exclusively for living quarters or commercial

purposes, but only incidentally operated on a highway.

* * *

Section 2 3. Sections 8811(a)(1) and 8821 of Title 53 are

amended to read:

§ 8811. Subjects of local taxation.

(a) Subjects of taxation enumerated.--Except as provided in

subsection (b), all subjects and property made taxable by the

laws of this Commonwealth for county, city, borough, town,

township and school district purposes shall, as provided in this

chapter, be valued and assessed at the annual rates, including

all:

(1) Real estate, namely:

(i) houses;

(ii) [house trailers] manufactured homes and mobile

homes permanently attached to land or connected with

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water, gas, electric or sewage facilities;

(iii) buildings permanently attached to land or

connected with water, gas, electric or sewage facilities;

(iv) lands, lots of ground and ground rents, trailer

parks and parking lots;

(v) mills and manufactories of all kinds, furnaces,

forges, bloomeries, distilleries, sugar houses, malt

houses, breweries, tan yards, fisheries, ferries and

wharves;

(vi) all office buildings;

(vii) that portion of a steel, lead, aluminum or

like melting and continuous casting structure which

encloses or provides shelter or protection from the

elements for the various machinery, tools, appliances,

equipment, materials or products involved in the mill,

mine, manufactory or industrial process; and

(viii) telecommunication towers that have become

affixed to land.

* * *

§ 8821. Assessment of mobile homes and [house trailers]

manufactured homes.

(a) Duty.--It shall be the duty of the county assessment

office to assess all mobile homes and [house trailers]

manufactured homes within the county according to the actual

value thereof. All mobile homes or [house trailers] manufactured

homes which are subject to taxation as real estate as provided

in this chapter shall be assessed and taxed in the name of the

owner. The land upon which the mobile home or [house trailer]

manufactured home is located at the time of assessment shall be

assessed separately and shall not include the value of the

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[house trailer or] mobile home or manufactured home located

thereon.

(a.1) Value.--In arriving at the actual value of a mobile

home or manufactured home, the assessor shall consider:

(1) The value placed on the mobile home or manufactured

home in a national directory or valuation guide prepared by

an association that analyzes mobile home or manufactured home

sales and other relevant data.

(2) Any depreciation in value of the unit.

(3) The ability of the mobile home or manufactured home

to be readily transported from one site to another.

(4) The fair market value of the mobile home or

manufactured home, using the approaches to value specified in

section 8842(b)(1) (relating to valuation of property),

provided, however, that such fair market value shall not

include the value of the land upon which the mobile home or

manufactured home is located.

(b) Records.--All [mobile home court operators] manufactured

housing community owners, which shall mean every person who

leases land to [two] three or more persons for the purpose of

allowing the lessees to locate on the land a mobile home or

[house trailer] manufactured home which is subject to real

property taxation, shall maintain a record of the leases, which

shall be open for inspection at reasonable times by the county

assessment office. Each month, the [mobile home court operator]

manufactured housing community owner shall send a record to the

county assessment office of the arrivals and departures of

mobile homes or [house trailers] manufactured homes in the

[court] community during the prior month, including the make,

model, manufacturer, year and serial number of the mobile home

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or [house trailer] manufactured home.

[house trailer] manufactured home is assessed, rated or valued

as provided in this chapter shall be notified in writing by the

assessor that it shall be unlawful for any person to remove the

mobile home or [house trailer] manufactured home from the taxing

district without first having obtained removal permits from the

local tax collector.

(d) Removal permits.--The local tax collector shall issue

removal permits upon application and payment of a fee of $2 and

of all taxes levied and assessed on the mobile home or [house

trailer] manufactured home to be moved.

(e) Penalty.--Any person who moves a mobile home or [house

trailer] manufactured home from the territorial limits of the

taxing district without first having obtained a removal permit

issued under this chapter shall, upon summary conviction, be

sentenced to pay a fine of $100 and costs of prosecution or to

imprisonment for not more than 30 days, or both.

(f) Characterization of property.--Nothing in this section

shall be construed as prohibiting a mobile home or [house

trailer] manufactured home upon which a real property tax is

levied as provided by law from being deemed tangible personal

property for other purposes.

Section 4. Section 304 of Title 57 is amended by adding a

subsection to read:

§ 304. Authority to perform notarial act.

* * *

may certify that a tangible copy of an electronic record is a

true and correct copy of the electronic record.

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Section 5. Title 57 is amended by adding a section to read:

§ 314.1. Notarial act performed by remotely located individual.

(a) 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.

(b) Use of communication technology.--A notary public

located in this Commonwealth may perform a notarial act

facilitated by communication technology for a remotely located

individual if all of the following apply:

(1) The notary public:

(i) has personal knowledge under section 307(a)

(relating to identification of individual) 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)(2) 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 notary public is able to reasonably identify a

record before the notary public as the same record:

(i) in which the remotely located individual made

the statement; or

(ii) on which the remotely located individual

executed the signature.

(3) The notary public, or a person acting on behalf of

the notary public, creates an audio-visual recording of the

performance of the notarial act.

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(4) If the remotely located individual is located

outside the United States, all of the following apply:

(i) The record:

(A) is to be filed with or relates to a matter

before a court, governmental entity, public official

or other entity under the jurisdiction of the United

States; or

(B) involves:

(I) property located in the territorial

jurisdiction of the United States; or

(II) a transaction substantially connected

with the United States.

(ii) The act of making the statement or signing the

record is not prohibited by the foreign state where the

remotely located individual is located.

this section, the certificate of notarial act required by

section 315 (relating to certificate of notarial act) and the

short form certificate under section 316 (relating to short form

certificates) must indicate that the notarial act was performed

by means of communication technology.

(d) Sufficiency.--A short form certificate under section 316

for a notarial act subject to this section is sufficient if

either of the following apply:

(1) The short form certificate is in the form provided

by section 316 and contains a statement substantially as

follows:

"This notarial act involved the use of communication

technology."

(2) The certificate complies with the regulations

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promulgated under subsection (g)(1).

(e) Audio-visual recording.--The following apply:

(1) This subsection applies to:

(i) a notary public;

(ii) a guardian, a conservator or an agent of a

notary public; or

(iii) a personal representative of a deceased notary

public.

(2) A person under paragraph (1) shall retain the audio-

visual recording created under subsection (b)(3) or cause the

recording to be retained by a repository designated by or on

behalf of the notary public. The person shall retain the

recording:

(i) for at least 10 years after the recording is

created; or

(ii) as otherwise required by the regulations

promulgated under subsection (g)(4).

(f) Notification.--The following apply:

(1) Before a notary public performs the notary public's

initial notarial act under this section, the notary public

must notify the department that the notary public will be

performing notarial acts facilitated by communication

technology and identify the technology.

(2) If the department has established standards for

approval of communication technology or identity proofing

under subsection (g) and section 327 (relating to

regulations), the communication technology and identity

proofing must conform to the standards.

(g) Regulations.--In addition to matters listed in section

327, the department may promulgate regulations regarding

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performance of a notarial act performed under this section. The

regulations may do all of the following:

(1) Prescribe the means of performing a notarial act

involving communication technology to communicate with a

remotely located individual.

(2) Establish standards for communication technology and

identity proofing. This paragraph includes the use of

credential analysis, dynamic knowledge-based authentication,

biometrics and other means of identification.

(3) Establish requirements or procedures to approve

providers of communication technology and the process of

identity proofing.

(4) Establish standards and periods for the retention of

an audio-visual recording created under subsection (b)(3) of

the performance of a notarial act.

(h) Promotion of uniformity.--Before promulgating, amending

or repealing regulations about the performance of a notarial act

with respect to a remotely located individual, the department

shall consider, if consistent with this chapter, all of the

following:

(1) The most recent standards regarding the performance

of a notarial act with respect to remotely located

individuals promulgated by a national standard-setting

organization. This paragraph includes the National

Association of Secretaries of State.

(2) Standards, practices and customs of other

jurisdictions that enact a statutory provision substantially

similar to this section.

(3) The views of governmental officials and entities and

other interested persons.

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(i) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Communication technology." An electronic device or process

that:

(1) allows a notary public located in this Commonwealth

and a remotely located individual to communicate with each

other simultaneously by sight and sound; and

(2) makes reasonable accommodations for an individual

with a vision, hearing or speech impairment in accordance

with law.

"Foreign state." A jurisdiction other than the United

States, a state or a federally recognized Indian tribe.

"Identity proofing." A process or service by which a third

person provides a notary public with a means to verify the

identity of a remotely located individual by a review of

personal information from public or private data sources.

"Outside the United States." A location outside the

geographic boundaries of:

(1) the United States;

(2) Puerto Rico;

(3) the Virgin Islands; and

(4) any territory, insular possession or other location

subject to the jurisdiction of the United States.

"Remotely located individual." An individual who is not in

the physical presence of the notary public performing a notarial

act under subsection (b).

Section 6. 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.

* * *

may accept for recording a tangible copy of an electronic record

containing a notarial certificate as satisfying any requirement

that the record be an original, if the notarial officer

executing the notarial certificate certifies that the tangible

copy is an accurate copy of the electronic record.

Section 3. This act shall take effect January 1 of the year

following the date of enactment.

Section 7. This act shall take effect as follows:

(1) The amendment of sections 8802, 8811(a)(1) and 8821

of Title 53 shall take effect January 1 of the year following

the date of enactment.

(2) The remainder of this act shall take effect

immediately.

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