PRINTER'S NO. 691
No. 589 Session of 2003
INTRODUCED BY McGEEHAN, CORRIGAN, COY, CURRY, DeLUCA, FICHTER,
HARHAI, KOTIK, LAUGHLIN, LEDERER, LEVDANSKY, MANDERINO, MANN,
MARKOSEK, MELIO, O'BRIEN, PISTELLA, STABACK, R. STEVENSON,
E. Z. TAYLOR, YUDICHAK AND JOSEPHS, MARCH 3, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2003
AN ACT
1 Amending the act of August 21, 1953 (P.L.1323, No.373), entitled
2 "An act concerning notaries public; and amending, revising,
3 consolidating and changing the law relating thereto," further
4 providing for register and copies of records and for powers
5 to administer oaths and affirmations.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of August 21, 1953 (P.L.1323, No.373),
9 known as The Notary Public Law, is amended by adding a section
10 to read:
11 Section 1.1. Definitions.--The following words and phrases
12 when used in this act shall have the meanings given to them in
13 this section unless the context clearly indicates otherwise:
14 "Satisfactory evidence of identification." The reliance on
15 the presentation of a current, government-issued photo
16 identification card, or two forms of non-photo identification,
17 which contain a signature, physical description and serial or
18 identification number of the person requesting notary service.
1 Section 2. Sections 15 and 16 of the act, amended December
2 9, 2002 (P.L.1269, No.151), are amended to read:
3 Section 15. Register; Copies of Records.--(a) Every notary
4 public shall keep and maintain custody and control of an
5 accurate chronological register of all official acts by that
6 notary done by virtue of that notary's office, and shall, when
7 thereunto required, give a certified copy of the register in the
8 notary's office to any person applying for same. Each register
9 shall contain the date of the act, the character of the act, and
10 the date and parties to the instrument, and the amount of fee
11 collected for the service. Along with the register the notary
12 public shall maintain records of satisfactory evidence of
13 identification presented to the notary under section 16 for a
14 period of ten (10) years. Each notarization shall be indicated
15 separately.
16 (b) The register and other public records of such notary
17 shall not in any case be liable to be seized, attached or taken
18 in execution for debt or for any demand whatsoever.
19 (c) A notary public register is the exclusive property of
20 the notary public, may not be used by any other person and may
21 not be surrendered to any employer of the notary upon
22 termination of employment.
23 (d) Upon a notary public's resignation, death or
24 disqualification or upon the revocation or expiration of a
25 commission, unless the notary public applies for a commission
26 within thirty (30) days of the expiration of the prior
27 commission, the notary public's register shall be delivered to
28 the office of the recorder of deeds of the proper county within
29 thirty (30) days of such event.
30 Section 16. Power to Administer Oaths and Affirmations.--(a)
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1 Notaries shall have power to administer oaths and affirmations,
2 certify copies and take depositions, affidavits, verifications,
3 upon oath or affirmation and acknowledgments according to law,
4 in all matters belonging or incident to the exercise of their
5 notarial office, provided that the person taking the oath,
6 affirmation or acknowledgement first presents to the notary
7 satisfactory evidence of identification.
8 (b) Any person who shall be convicted of having wilfully and
9 knowingly made or taken a false oath, affirmation, deposition,
10 affidavit, certification or acknowledgment before any notary in
11 any matters within their official duties shall be guilty of
12 perjury under and shall be subject to the penalties set forth in
13 18 Pa.C.S. § 4902 (relating to perjury).
14 Section 3. This act shall take effect in 60 days.
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