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 oath of office, bond and recording, for
5notarial seal, for register and copies of records and for
6fees of notaries public; providing for revocation of
7commission for notarizing fraudulent deeds or
8acknowledgments; and imposing penalties.

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

11Section 1. Section 8 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 8. Oath of Office; Bond; Recording.--[Every] (a)
15Except as provided in subsection (b), every notary, upon
16appointment and prior to entering upon the duties of the office
17of notary public, shall take and subscribe the constitutional
18oath of office, and shall give a surety bond, payable to the
19Commonwealth of Pennsylvania, in the amount of ten thousand
20dollars ($10,000), which bond shall, after being recorded, be
21approved by and filed with the Secretary of the Commonwealth.

1Every such bond shall have as surety a duly authorized surety
2company or two sufficient individual sureties, to be approved by
3the Secretary of the Commonwealth, conditioned for the faithful
4performance of the duties of the office of notary public and for
5the delivery of the notary's register and seal to the office of
6the recorder of deeds of the proper county in case of the death,
7resignation or disqualification of the notary within thirty (30)
8days of such event. Such bond, as well as the commission and
9oath of office, shall be recorded in the office of the recorder
10of deeds of the county in which the notary maintains an office
11at the time of appointment or reappointment. The commission of
12any notary hereafter appointed who shall, for forty-five (45)
13days after the beginning of the term, neglect to give bond and
14cause the bond and the commission and oath to be recorded, as
15above directed, shall be null and void.

16(b) In order to notarize deeds for the conveyance of real
17property governed by 68 Pa.C.S. Ch. 71 (relating to general
18provisions), a notary shall give a surety bond, payable to the
19Commonwealth of Pennsylvania, in the amount of one hundred
20thousand dollars ($100,000), which bond shall, after being
21recorded, be approved by and filed with the Secretary of the
22Commonwealth. The bond shall have as surety a duly authorized
23surety company or two sufficient individual sureties, to be
24approved by the Secretary of the Commonwealth, conditioned for
25the faithful performance of the duties of the office of notary
26public and for the delivery of the notary's register and seal to
27the office of the recorder of deeds of the proper county in case
28of the death, resignation or disqualification of the notary
29within thirty (30) days of such event. The bond, as well as the
30commission and oath of office, shall be recorded in the office

1of the recorder of deeds of the county in which the notary
2maintains an office at the time of appointment or reappointment.
3The commission of any notary hereafter appointed who shall, for
4forty-five (45) days after the beginning of the term, neglect to
5give bond and cause the bond and the commission and oath to be
6recorded, as directed in this subsection, shall be null and
7void.

8Section 2. Sections 12 and 15 of the act are amended by
9adding subsections to read:

10Section 12. Notarial Seal.--* * *

11(e.1) Notwithstanding any other provision of law to the
12contrary, a person who uses the official seal or any other
13equipment of a person commissioned as notary public who is not
14the notary public for whom the commission has been issued to
15notarize any document commits an offense. A first offense under
16this subsection is a misdemeanor of the first degree. A second
17or subsequent offense under this subsection is a felony of the
18third degree.

19(e.2) Any person commissioned as a notary public in this
20Commonwealth who knowingly, recklessly or negligently notarizes
21any document without determining the identity of all persons who
22are signatories to the document to be notarized as provided by
23this act or any other law commits an offense. A first offense
24under this subsection is a misdemeanor of the first degree. A
25second or subsequent offense under this subsection is a felony
26of the third degree.

27(e.3) When a notary is acknowledging a deed for the
28conveyance of real property, the notary shall include the
29notary's name, in print, below the notary's signature, in
30addition to the notary's seal and stamp.

1* * *

2Section 15. Register; Copies of Records.--* * *

3(a.1) In addition to the requirements of subsection (a), the
4chronological register shall include the thumbprints of the
5grantor or grantors and the grantee or grantees to a deed of
6conveyance, to appear in the register of the notary adjacent to
7the registry entry of the performance of that act by the notary.

8* * *

9Section 3. Section 21(a) of the act, amended December 9,
102002 (P.L.1269, No.151), is amended to read:

11Section 21. Fees of Notaries Public.--(a) The fees of
12notaries public shall be fixed by the Secretary of the
13Commonwealth with the approval of the Attorney General. The 
14Secretary of the Commonwealth shall provide a special fee for 
15the notarization of deeds and acknowledgments for the conveyance 
16of real property as provided in this act.

17* * *

18Section 4. The act is amended by adding a section to read:

19Section 21.1. Revocation of Commission for Notarizing
20Fraudulent Deeds or Acknowledgments.--(a) The Secretary of the
21Commonwealth may revoke the notary public commission of a notary
22public who has notarized any deed or acknowledgment of the
23transfer of a deed that is found to be fraudulent.

24(b) Any action taken by the Secretary of the Commonwealth
25under this section shall be subject to the right of notice,
26hearing and adjudication and right of appeal therefrom in
27accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
28and procedure of Commonwealth agencies) and 7 Subch. A (relating
29to judicial review of Commonwealth agency action).

30Section 5. This act shall take effect in 60 days.