Trial Engrossment of Amendment A05110 to House Bill 2370 P.N. 3496, Regular Session 2019-2020

A05110

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2370

Session of

2020

INTRODUCED BY M. K. KELLER, GREINER, GALLOWAY, RYAN,

SCHLOSSBERG, STRUZZI, GROVE, SANCHEZ, DeLUCA, WILLIAMS,

BARRAR, JAMES, KEEFER, HILL-EVANS, MACKENZIE, GREGORY AND

ROZZI, MARCH 23, 2020

REFERRED TO COMMITTEE ON COMMERCE, MARCH 23, 2020

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) 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; and, 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. 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.

"Unsworn declaration." A declaration in a signed record

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

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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).............................

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

Section 2. Section 304 of Title 57 is amended by adding a

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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.

Section 3. 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

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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 , including all interactions

between the notary public and the remotely located

individual .

(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

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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

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

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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 shall promulgate regulations regarding

performance of a notarial act performed under this section. The

regulations may shall 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

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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.

(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

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(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 4. Section 320 of Title 57 is amended by adding a

subsection to read:

§ 320. Notification regarding performance of notarial act on

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 5. Upon the effective date of this act, the

Department of State shall immediately authorize a notary public

to conduct notarial acts in the manner authorized by section 2

of this act if the notary gives notice to the Department of

State as required by 57 Pa.C.S. § 314.1(g)(1) (relating to

notarial acts performed by remotely located individuals) and

uses a communication and identity proofing designated in the

Department of State's March 25, 2020, notice of limited

suspension of the requirements of 57 Pa.C.S. § 306 (relating to

personal appearance required), or that is designated in a list

of additional acceptable technologies subsequently adopted by

the Department of State. A notary public may use any other

technology within 30 days of giving notice as required under 57

Pa.C.S. § 314.1(g)(1), unless the Department of State prohibits

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the use of the technology for good cause for failure to satisfy

the requirements of 57 Pa.C.S. § 314.1 or determines that the

use of the technology should be delayed pending an evaluation of

the technology. This section shall expire upon the adoption of

regulations by the Department of State as required by 57 Pa.C.S.

§ 314.1(h)(2).

Section 5 6. This act shall take effect immediately.

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