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 
5further providing for application for appointment to the 
6office of notary public.

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

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

19(3) Be a resident of or have a place of employment or
20practice in this Commonwealth.

1(4) Be able to read and write English.

2(5) Not be disqualified to receive a commission under
3section 323 (relating to sanctions).

4(6) Have passed the examination required under section
5322(a) (relating to examination, basic education and
6continuing education).

7(7) Comply with other requirements established by the
8department by regulation as necessary to insure the
9competence, integrity and qualifications of a notary public
10and to insure the proper performance of notarial acts. The 
11department may promulgate regulations requiring applicants to 
12submit criminal history record information <-as provided in 18 
13Pa.C.S. Ch. 91 (relating to criminal history record 
14information) as a condition of appointment.

15(b) Application.--An individual qualified under subsection
16(a) may apply to the department for appointment and commission
17as a notary public. The application must comply with all of the
18following:

19(1) Be made to the department on a form prescribed by
20the department.

21(2) Be accompanied by a nonrefundable fee of $42,
22payable to the Commonwealth of Pennsylvania. This amount
23shall include the application fee for notary public
24commission and fee for filing of the bond with the
25department.

26[(3) Bear an endorsement as follows:

27(i) Except as set forth in this paragraph, the
28endorsement of the senator of the district in which the
29applicant resides.

30(ii) If the applicant does not reside in this

1Commonwealth, the endorsement of the senator of the
2district in which the applicant is employed.

3(iii) If there is a vacancy in the senatorial
4district under subparagraph (i) or (ii), the endorsement
5of the senator of an adjacent district.]

6* * *

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

8(1) [Upon] Within 45 days after appointment and prior to
9entering into the duties of a notary public, the bond, oath
10of office and commission must be recorded in the office of
11the recorder of deeds of the county in which the notary
12public maintains an office.

13(2) Upon reappointment, the bond, oath of office and
14commission must be recorded in the office of the recorder of
15deeds of the county in which the notary public maintains an
16office.

17(3) Within 90 days of recording under this subsection, a
18copy of the bond and oath of office must be filed with the
19department.

20* * *

21Section 2. Notwithstanding section 5(a) of the act of August
2221, 1953 (P.L.1323, No.373), known as The Notary Public Law, an
23application for appointment to the office of notary public shall
24not be required to bear:

25(1) the endorsement of the Senator of the district in
26which the applicant for appointment to the office of notary
27public resides; or

28(2) if the applicant for appointment to the office of
29notary public does not reside in this Commonwealth, the
30endorsement of the Senator of the district in which the

1applicant is employed.

2Section 3. This act shall take effect as follows:

3(1) This section shall take effect immediately.

4(2) Section 2 of this act shall take effect in 180 days.

5(3) The remainder of this act shall take effect 180 days
6after publication of the notice under section 4 of the act of
7October 9, 2013 (P.L.609, No.73), entitled, "An act amending
8Titles 42 (Judiciary and Judicial Procedure) and 57 (Notaries
9Public) of the Pennsylvania Consolidated Statutes, enacting
10uniform laws on attestation in the areas of unsworn foreign
11declarations and notarial acts; making editorial changes;
12making related repeals; and abrogating a regulation," or
13immediately, whichever is later.