PRINTER'S NO. 2831

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2243 Session of 1991


        INTRODUCED BY CORNELL, WOGAN, MRKONIC, KOSINSKI, REBER,
           COLAIZZO, STABACK, PESCI, PHILLIPS, NAHILL, NICKOL, FOX,
           HECKLER, ITKIN, GALLEN, SAURMAN, TRELLO, BUNT, TIGUE, BARLEY,
           ARGALL, FARGO, SERAFINI, KENNEY, MICOZZIE, JOHNSON, GLADECK,
           DENT, CLYMER, HAGARTY, NOYE, E. Z. TAYLOR, RICHARDSON,
           STRITTMATTER AND STEELMAN, DECEMBER 9, 1991

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 9, 1991

                                     AN ACT

     1  Amending the act of July 25, 1961 (P.L.849, No.367), entitled
     2     "An act authorizing facsimile signatures and seals of certain
     3     public officials; imposing duties upon the Secretary of the
     4     Commonwealth; and providing penalties," authorizing facsimile
     5     signatures by recorders of deeds.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 1 of the act of July 25, 1961 (P.L.849,
     9  No.367), known as the Uniform Facsimile Signature of Public
    10  Officials Act, amended December 10, 1974 (P.L.828, No.276), is
    11  amended to read:
    12     Section 1.  Definitions.--As used in this act--
    13     (a)  "Public Security" means a bond, note, certificate of
    14  indebtedness, or other obligation for the payment of money,
    15  issued by this Commonwealth or by any of its departments,
    16  agencies, authorities, other instrumentalities, any school
    17  district, any county of the second class or any authority


     1  created by school districts of the Commonwealth.
     2     (b)  "Instrument of Payment" means a check, draft, warrant,
     3  or order for the payment, delivery, or transfer of funds.
     4     (c)  "Authorized Officer" means any official of this
     5  Commonwealth or any of its departments, agencies, authorities,
     6  other instrumentalities, any school district, any county of the
     7  second class or any authority created by school districts of the
     8  Commonwealth whose signature to a public security or instrument
     9  of payment is required or permitted.
    10     (d)  "Facsimile Signature" means a reproduction by engraving,
    11  imprinting, stamping, or other means of the manual signature of
    12  an authorized officer.
    13     (e)  "Recorder of Deeds" means any duly elected or appointed
    14  recorder of deeds, or other officer regardless of title, who
    15  performs the functions of a recorder of deeds, of the several
    16  counties of this Commonwealth, and duly appointed and qualified
    17  deputies.
    18     (f)  "Certified Copy" means any document, record or writing
    19  respecting which the several recorders of deeds of this
    20  Commonwealth and/or their deputies are authorized to certify as
    21  being an authentic duplicate of an original document filed of
    22  record in the office of the recorder of deeds.
    23     Section 2.  The act is amended by adding sections to read:
    24     Section 2.1.  Facsimile Signature of Recorders of Deeds.--Any
    25  recorder of deeds of this Commonwealth, after filing with the
    26  Secretary of the Commonwealth his manual signature certified by
    27  him under oath, may execute or cause to be executed with a
    28  facsimile signature in lieu of his manual signature:
    29     (a)  Any mortgage satisfaction.
    30     (b)  Any certified copy of a document and/or docket entry
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     1  duly recorded in the office of the recorder of deeds.
     2  Upon compliance with this act by any recorder of deeds, his
     3  facsimile signature has the same legal effect as his manual
     4  signature.
     5     Section 3.1.  Use of Facsimile Seal by Recorders of Deeds.--
     6  When the seal of any recorder of deeds of any county is required
     7  in execution of a certified copy or mortgage satisfaction,
     8  recorders of deeds of this Commonwealth may cause the seal to be
     9  printed, engraved, stamped or otherwise placed in facsimile
    10  thereon. The facsimile seal has the same legal effect as the
    11  impression of the seal.
    12     Section 3.  Section 4 of the act, amended December 10, 1974
    13  (P.L.828, No.276), is amended to read:
    14     Section 4.  Violation and Penalty.--Any person who with
    15  intent to defraud uses on public security [or], an instrument of
    16  payment, a mortgage satisfaction or a certified copy:
    17     (a)  A facsimile signature, or any reproduction of it, of any
    18  authorized officer[,] or recorder of deeds.
    19     (b)  Any facsimile seal, or any reproduction of it, of this
    20  Commonwealth or any of its departments, agencies, authorities,
    21  other instrumentalities, any school district, any county of the
    22  second class, any recorder of deeds, or any authority created by
    23  school districts of the Commonwealth is guilty of a felony, and
    24  on conviction, shall be sentenced to pay a fine not exceeding
    25  five thousand dollars ($5,000) or undergo imprisonment by
    26  separate or solitary confinement at labor not exceeding five
    27  years, or both.
    28     Section 4.  This act shall take effect in 60 days.


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