S1097B1598A04920 DMS:JSL 04/03/20 #90 A04920
AMENDMENTS TO SENATE BILL NO. 1097
Sponsor: SENATOR DiSANTO
Printer's No. 1598
Amend Bill, page 1, line 1, by striking out "Title" and
inserting
Titles 42 (Judiciary and Judicial Procedure)and
Amend Bill, page 1, line 2, by inserting after "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,
Amend Bill, page 1, lines 10 and 11, by striking out all of
said lines and inserting
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
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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
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
subsection to read:
Amend Bill, page 1, line 14, by striking out "notary public"
and inserting
notarial officer
Amend Bill, page 1, line 17, by striking out "2" and
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inserting
3
Amend Bill, page 1, line 19, by striking out "Definitions.--
Terms are defined in subsection (j)." and inserting
(Reserved).
Amend Bill, page 2, line 27, by striking out the period after
"act" and inserting
, including all interactions between the notary public
and the remotely located individual.
Amend Bill, page 6, line 26, by striking out "3" and
inserting
4
Amend Bill, page 7, lines 7 through 12, by striking out all
of said lines and inserting
Section 5. Upon the effective date of this section, the
Department of State shall immediately authorize a notary public
to conduct notarial acts in the manner authorized by 57 Pa.C.S.
§ 314.1, provided the notary gives notice to the department as
required by 57 Pa.C.S. § 314.1(g)(1) and uses a communication
and identity proofing technology designated in the department's
March 25, 2020 notice of the limited suspension of the
requirements of 57 Pa.C.S. § 306, or that is designated in a
list of additional acceptable technologies subsequently adopted
by the department. A notary public may use any other technology
within 30 days of giving notice as required by 57 Pa.C.S. §
314.1(g)(1), unless the department for good cause prohibits the
use of the technology for failure to satisfy the requirements of
57 Pa.C.S. § 314.1 or determines that 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 as required by 57 Pa.C.S. § 314.1(h)(2).
Section 6. This act shall take effect immediately.
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