PRIOR PRINTER'S NOS. 946, 1072 PRINTER'S NO. 2107
No. 851 Session of 2001
INTRODUCED BY CLYMER, BARRAR, CALTAGIRONE, HALUSKA, HENNESSEY, HORSEY, LEH, S. MILLER, NAILOR, PRESTON, READSHAW, SHANER, STABACK, T. STEVENSON, E. Z. TAYLOR, THOMAS, WASHINGTON, YOUNGBLOOD, ZIMMERMAN, METCALFE AND WATERS, MARCH 7, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 5, 2001
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 appointment of notaries, for eligibility, for 5 applications to become a notary public, for application for 6 reappointment, for resignation and for change of residence, 7 for oath of office, bond and recording, for registration of 8 notary's signature and fees, for notarial seal, for 9 electronic notarization, for register and copier of records, 10 for power to administer oaths, affirmations, certain writings 11 relating to commerce, depositions, affidavits and certain 12 writings relating to land, for fees of notaries public, for 13 rejection of application and for surrender of seal; providing 14 for revocation of commission for certain personal checks and 15 for regulations; making editorial changes; and making 16 repeals. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 Section 1. Section 2 of the act of August 21, 1953 20 (P.L.1323, No.373), known as The Notary Public Law, is amended 21 to read: 22 Section 2. Appointment of Notaries.--The Secretary of the 23 Commonwealth is hereby authorized to appoint and commission, for
1 a term of four years from the date of appointment, as many 2 notaries public as, in [his] the secretary's judgment, the 3 interest of the public may require, whose jurisdiction shall be 4 co-extensive with the boundaries of the Commonwealth[, 5 irrespective of their place of residence within the 6 Commonwealth]. 7 Section 2. Section 3 of the act, amended June 9, 1978 8 (P.L.462, No.61), is amended to read: 9 Section 3. Eligibility.--[Any citizen of Pennsylvania, being 10 eighteen (18) years of age or over, of known character, 11 integrity and ability, shall be eligible to the office of notary 12 public, if he shall have resided within this Commonwealth for at 13 least one (1) year immediately preceding the date of his 14 appointment, and if he shall be a registered elector in the 15 Commonwealth.] (a) Any person who is eighteen (18) years of age 16 or over, resides or is employed within this Commonwealth and who 17 is of good character, integrity and ability shall be eligible 18 for the office of notary public. 19 (b) Any person who is a notary public and who resides 20 outside this Commonwealth shall be deemed to have irrevocably 21 appointed the Secretary of the Commonwealth as the person's 22 agent upon whom may be served any summons, subpoena, order or 23 other process. 24 Section 3. Section 5 of the act, amended June 30, 1988 25 (P.L.462, No.78), is amended to read: 26 Section 5. Application to Become a Notary Public.--(a) 27 Applications for appointment to the office of notary public 28 shall be made to the Secretary of the Commonwealth, on forms 29 prescribed and furnished by [him] the secretary, and shall be 30 accompanied by a non-refundable filing fee [of twenty-five 20010H0851B2107 - 2 -
1 dollars ($25), payable to the order of "State Treasurer," by 2 money order, check, or draft. Each] as set forth in section 618- 3 A of the act of April 9, 1929 (P.L.177, No.175), known as "The 4 Administrative Code of 1929," payable to the order of the 5 "Commonwealth of Pennsylvania." Except as provided in subsection 6 (b) each application shall bear the endorsement of the Senator 7 or House member of the district in which the applicant resides[, 8 or, in] or, if the applicant does not reside in this 9 Commonwealth, the endorsement of the Senator or House member of 10 the district in which the applicant is employed. In the case of 11 a vacancy in [that senatorial] either district, the application 12 shall be endorsed by the Senator or House member of an adjacent 13 district. 14 (b) The Secretary of the Commonwealth may accept electronic 15 applications from persons seeking appointment to the office of 16 notary public. Electronic applications must contain all 17 information required by the Secretary of the Commonwealth and be 18 accompanied by payment. The legislative endorsement required by 19 subsection (a) is not required to be submitted electronically. 20 (c) Before issuing to any applicant a commission as notary 21 public, the Secretary of the Commonwealth shall [satisfy 22 himself] be satisfied that the applicant is of good moral 23 character, and is familiar with the duties and responsibilities 24 of a notary public. [Such qualifying requirements may be waived] 25 The application must contain no significant misstatement or 26 omission of fact and the applicant shall not: 27 (1) have been convicted of, or pled guilty or nolo 28 contendere to a felony or a lesser offense incompatible with the 29 duties of a notary public during the five (5) year period 30 preceding the date of the application; or 20010H0851B2107 - 3 -
1 (2) have had a prior notary public commission revoked by the 2 Commonwealth or any other state during the five (5) year period 3 preceding the date of the application. 4 The Secretary of the Commonwealth may, for good cause, reject 5 any application, of any notary public subject to the right of 6 notice, hearing and adjudication and the right of appeal 7 therefrom in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating 8 to practice and procedure of Commonwealth agencies) and 7 Subch. 9 A (relating to judicial review of Commonwealth agency action), 10 known as the Administrative Agency Law. 11 (d) The Secretary of the Commonwealth may waive the 12 requirements of subsections (a) and (b) in the case of 13 reappointment or appointments of persons making application 14 within six (6) months after the expiration of a previous term as 15 notary public, or appointments of persons who were prevented 16 from applying for reappointment or from applying for 17 appointment, within the six (6) month extension period mentioned 18 above, by reason of their induction or enlistment in the armed 19 forces of the United States, if application is made within one 20 (1) year after military discharge of the applicant, under 21 conditions other than dishonorable. 22 (e) As a condition for the Secretary of the Commonwealth's 23 issuance of a notary commission TO AN APPLICANT NOT APPOINTED TO <-- 24 THE OFFICE OF NOTARY PUBLIC AS OF THE EFFECTIVE DATE OF THIS 25 ACT, a notary applicant must complete at least three (3) hours 26 of approved notary education within the six (6) month period 27 immediately preceding their application. 28 (f) Notary education may either be interactive or classroom 29 instruction. All education programs shall be pre-approved by the 30 Secretary of the Commonwealth with a core curriculum that 20010H0851B2107 - 4 -
1 includes the duties and responsibilities of the notary office, 2 and electronic notarization. 3 Section 4. Sections 6, 7 and 8 of the act are amended to 4 read: 5 Section 6. Application for Reappointment.--Applications for 6 reappointment to the office of notary public shall be filed at 7 least [one month] two months prior to the expiration of the 8 commission under which the notary is acting. Persons seeking 9 reappointment must continue to meet the eligibility requirements 10 set forth in section 5 in order to be reappointed. 11 Section 7. Vacation of Office; Change of Residence.--(a) In 12 the event of any change of address within the Commonwealth, 13 notice in writing or electronically shall be given to the 14 Secretary of the Commonwealth and the recorder of deeds of the 15 county of original appointment by a notary public within five 16 (5) days of such change. For the purpose of this [section] 17 subsection, "address" means office address. A notary public 18 vacates his office by removing the notary's residence and 19 business address from the Commonwealth, and such removal shall 20 constitute a resignation from the office of notary public as of 21 the date of removal. 22 (b) If a notary public neither resides nor works in the 23 Commonwealth, that notary public shall be deemed to have 24 resigned from the office of notary public as of the date the 25 residency ceases or employment within the Commonwealth 26 terminates. A notary public who resigns that notary's commission 27 in accordance with this subsection shall notify the Secretary of 28 the Commonwealth in writing of the effective date of the 29 resignation. 30 Section 8. Oath of Office; Bond; Recording.--Every notary, 20010H0851B2107 - 5 -
1 [on his appointment and before he enters] upon appointment and 2 prior to entering upon the duties of the office of notary 3 public, shall take and subscribe the constitutional oath of 4 office, and shall give a surety bond, payable to the 5 Commonwealth of Pennsylvania, in [such amount as shall be fixed 6 by the Secretary of the Commonwealth] the amount of ten thousand 7 dollars ($10,000), which bond shall, after being recorded, be 8 approved by and filed with the Secretary of the Commonwealth. 9 Every such bond shall have as surety a duly authorized surety 10 company or two sufficient individual sureties, to be approved by 11 the Secretary of the Commonwealth, conditioned for the faithful 12 performance of the duties of the office of notary public and for 13 the delivery of [his register and all other public papers] the 14 notary's register into the office of the recorder of deeds of 15 the proper county in case of [his] the death, resignation[, 16 disqualification, or removal] or disqualification of the notary. 17 Such bond, as well as [his] the commission and oath of office, 18 shall be recorded in the office of the recorder of deeds of the 19 county in which [he] the notary maintains an office at the time 20 of appointment or reappointment. The commission of any notary 21 hereafter appointed who shall, for [the space of thirty (30)] 22 forty-five (45) days after the beginning of [his] the term, 23 neglect to give bond and cause the same and [his] the commission 24 and oath to be recorded, as above directed, shall be null and 25 void. 26 Section 5. Section 9 of the act, amended July 22, 1965 27 (P.L.222, No.122), is amended to read: 28 Section 9. Registration of Notary's Signature; Fee.--(a) 29 The official signature of each notary public shall be 30 registered, in the "Notary Register" provided for such purpose 20010H0851B2107 - 6 -
1 in the prothonotary's office of the county wherein [he] the 2 notary maintains an office, within [thirty (30)] forty-five (45) 3 days after appointment or reappointment, and in any county to 4 which [he] the notary may subsequently move [his office, within 5 ten (10)] the notary's office, within thirty (30) days 6 thereafter. In counties of the second class, such signature 7 shall also be registered in the clerk of courts' office within 8 said period. 9 (b) The fee to be charged by the prothonotary for recording 10 a notary's signature shall be fifty ($.50) cents. 11 (c) In acting as a notary public, a notary shall sign the 12 notary's name exactly and only as it appears on the commission. 13 (d) A county may permit notaries to register their 14 electronic signatures. 15 Section 6. Section 12 of the act amended June 30, 1988 16 (P.L.462, No.78), is amended to read: 17 Section 12. Notarial Seal.--(a) A notary public shall 18 provide and keep an official seal which shall be used to 19 authenticate all the acts, instruments and attestations of the 20 notary. The seal shall be a rubber stamp and shall show clearly 21 in the following order: the words "Notarial Seal"; the name and 22 surname of the notary and the words "Notary Public"; the name of 23 the political subdivision and county in which the notary 24 maintains an office; and the date the notary's commission 25 expires. 26 (b) The seal shall have a maximum height of one (1) inch and 27 width of three and one-half (3 1/2) inches, with a plain border. 28 It shall be stamped in a prominent place on the official 29 notarial [act] certificate near the notary's signature in such a 30 manner as to be capable of photographic reproduction. 20010H0851B2107 - 7 -
1 [(c) In addition to the official seal required in subsection 2 (a), a notary public shall also use and keep an embosser upon 3 which shall be engraved the words "Notary Public, Commonwealth 4 of Pennsylvania," and the name and surname of the notary. All 5 documents executed shall bear a legibly embossed impression.] 6 (d) The notary public seal is the exclusive property of the 7 notary to whom it is issued and a notary shall be responsible at 8 all times for maintaining custody and control of the seal. No 9 public notary shall permit the use of the seal by another 10 person. 11 (e) The use of a notary public seal by a person who is not 12 the notary public named on the seal shall be deemed an 13 impersonation of a notary public under and shall be subject to 14 the penalties set forth in 18 Pa.C.S. § 4913 (relating to 15 impersonating a notary public). 16 (f) Notwithstanding other provisions of this section, in 17 accordance with the act of December 16, 1999 (P.L.971, No.69), 18 known as the "Electronic Transactions Act," a notary public may 19 use an electronic seal for the notarization, acknowledgment or 20 verification of electronic records and electronic signatures. 21 The electronic seal shall contain the following information in 22 order: 23 (1) The full name of the notary along with the words "Notary 24 Public." 25 (2) The name of the political subdivision and the county in 26 which the notary maintains an office. 27 (3) The date the notary's commission is due to expire. 28 The notary's electronic signature and the required information 29 shall be attached to or logically associated with the electronic 30 signature or electronic record. 20010H0851B2107 - 8 -
1 Section 7. The act is amended by adding a section to read: 2 Section 12.1. Determining Identity of Person Appearing.--(a) 3 The officer notarizing the instrument shall know through 4 personal knowledge or have satisfactory evidence that the person 5 appearing before the notary is the person described in and who 6 executed the instrument. For the purposes of this act and 7 section 5 of the act of July 24, 1941 (P.L.490, No.188), known 8 as the "Uniform Acknowledgment Act," "personal knowledge" means 9 having an acquaintance, derived from association with the 10 individual in relation to other people and based upon a chain of 11 circumstances surrounding the individual, which establishes the 12 individual's identity and "satisfactory evidence" means the 13 reliance on the presentation of a current, government-issued 14 identification card bearing a photograph, signature, physical 15 description and serial or identification number, OR THE <-- 16 PRESENTATION OF A VALID WITHOUT PHOTOGRAPH IDENTIFICATION CARD, 17 or the oath or affirmation of a credible witness who is 18 personally known to the notary and who personally knows the 19 individual. 20 (b) In certifying a copy of a document or other item, a 21 notary public shall determine that the proffered copy is a full, 22 true and accurate transcription or reproduction of that which 23 was copied. 24 Section 8. Sections 15 and 16 of the act are amended to 25 read: 26 Section 15. Register; Copies of Records.--(a) Every notary 27 public shall keep [an accurate] and maintain custody and control 28 of an accurate chronological register of all official acts by 29 [him] that notary done by virtue of [his] that notary's office, 30 and shall, when thereunto required, give a certified copy of 20010H0851B2107 - 9 -
1 [any record in his] the register in the notary's office to any 2 person applying for same. [Said] Each register shall contain the 3 date of the act, the character of the act, and the date and 4 parties to the instrument, and the amount of fee collected for 5 the service. Each authorization shall be indicated separately. 6 (b) The register and other public [papers] records of such 7 notary shall not in any case be liable to be [sized] seized, 8 attached or taken in execution for debt or for any demand 9 whatsoever. 10 (c) A notary public register is the exclusive property of 11 the notary public, may not be used by any other person and may 12 not be surrendered to any employer of the notary upon 13 termination of employment. 14 (d) Upon a notary public's resignation, death, 15 disqualification, revocation or expiration of a commission, the 16 notary public's register shall be delivered to the office of the 17 recorder of deeds of the proper county. 18 Section 16. Power to Administer Oaths and Affirmations.--(a) 19 Notaries shall have power to administer oaths and affirmations, 20 certify copies and take depositions, affidavits, verifications, 21 upon oath or affirmation and acknowledgments according to law, 22 in all matters belonging or incident to the exercise of their 23 notarial office. 24 (b) Any person who shall be convicted of having wilfully and 25 knowingly made or taken a false oath [or affirmation], 26 affirmation, deposition, affidavit, certification or 27 acknowledgment before any notary in any matters within their 28 official duties shall be guilty of perjury under and shall be 29 subject to the penalties [in such case made and provided] set 30 forth in 18 Pa.C.S. § 4902 (relating to perjury). 20010H0851B2107 - 10 -
1 Section 9. Sections 17 and 18 of the act are repealed. 2 Section 10. Sections 19, 21 and 22 of the act are amended to 3 read: 4 Section 19. Limitation on Powers; Fees.--[(a) No director 5 or officer in any bank, banking institution or trust company, 6 holding at the same time the office of notary public, shall do 7 or perform any act or duty as notary public for any bank, 8 banking institution or trust company in which he is a director 9 or officer. Any act or duty performed by any such notary public 10 for any such bank, banking institution or trust company is 11 hereby declared invalid. 12 (b) No clerk in any bank, banking institution or trust 13 company, holding at the same time the office of notary public, 14 shall be authorized to protest checks, notes, drafts, bill of 15 exchange, or any commercial paper, for any bank, banking 16 institution or trust company in which he is employed. 17 (c) The fees of any such notary for other services rendered 18 shall be the property of such notary and in no case belong to or 19 be received by the corporation of which he is a director or 20 clerk.] 21 (d) No [justice of the peace, magistrate or alderman,] 22 district justice, holding at the same time the office of notary 23 public, shall have jurisdiction in cases arising on papers or 24 documents containing acts by him done in the office of notary 25 public. 26 (e) No notary public may act as such in any transaction in 27 which he is a party directly or pecuniarily interested. For the 28 purpose of this section, none of the following shall constitute 29 a direct or pecuniary interest: 30 (1) being a shareholder in a publicly traded company that is 20010H0851B2107 - 11 -
1 a party to the notarized transaction; 2 (2) being an officer, director or employe of a company that 3 is a party to the notarized transaction, unless the director, 4 officer or employe personally benefits from the transaction 5 other than as provided in clause (3); or 6 (3) receiving a fee that is not contingent upon the 7 completion of the notarized transaction. 8 Section 21. Fees of Notaries Public.--(a) The fees of 9 notaries public shall be fixed by the Secretary of the 10 Commonwealth with the approval of the Attorney General. 11 (b) A notary public shall not charge, attempt to charge or 12 receive a notary public fee that is in excess of the fees fixed 13 by the Secretary of the Commonwealth. 14 (c) The fees of notaries public shall be displayed in a 15 conspicuous location in the notary's place of business or be 16 provided to any person requesting the services of the notary. 17 The fees of the notary shall be separately stated. A notary 18 public may waive the right to charge a fee, in which case the 19 requirements of this subsection regarding the display or 20 provision of fees shall not apply. 21 (d) The fee for any notary public employed by a bank, 22 banking institution or trust company shall be the property of 23 the notary and in no case belong to or be received by the 24 corporation for whom the notary is employed. 25 Section 22. Rejection of Application; Removal.--(a) The 26 Secretary of the Commonwealth may, for good cause, reject any 27 application, issue a written reprimand, suspend or revoke the 28 commission of any notary public[, but such action shall be 29 taken]. 30 (b) The Secretary of the Commonwealth may, for good cause, 20010H0851B2107 - 12 -
1 impose a civil penalty not to exceed five hundred dollars ($500) 2 for each act or omission which constitutes a violation of this 3 act. 4 (c) The Secretary of the Commonwealth may, for good cause, 5 order a notary to attend education courses for an act or 6 omission which constitutes a violation of this act. 7 (d) Any action taken under this section shall be subject to 8 the right of notice, hearing and adjudication, and the right of 9 appeal therefrom, in accordance with [the provisions of the 10 Administrative Agency Law, approved the fourth day of June, one 11 thousand nine hundred forty-five (Pamphlet Laws 1388), or any 12 amendment or reenactment thereof, relating to adjudication 13 procedure.] 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and 14 procedure of Commonwealth agencies) and 7 Subch. A (relating to 15 judicial review of Commonwealth agency action), known as the 16 Administrative Agency Law. 17 Section 11. Section 22.1 of the act, added June 9, 1978 18 (P.L.462, No.61), is amended to read: 19 Section 22.1. Surrender of Seal.--(a) Should an application 20 or renewal be rejected, or should a commission be revoked or 21 recalled for any reason, or should a notary public resign, the 22 applicant or notary shall deliver the seal of office to the 23 Department of State within ten (10) days after notice from the 24 department[.] or from the date of resignation, as the case may 25 be. Any person who violates the provisions of this subsection 26 shall be guilty of a summary offense and upon conviction thereof 27 shall be sentenced to pay a fine not exceeding three hundred 28 dollars ($300) or to imprisonment not exceeding ninety (90) 29 days, or both. 30 (b) Upon the death of a notary public, the notary's personal 20010H0851B2107 - 13 -
1 representative shall deliver the seal of office to the 2 Department of State within ninety (90) days of the date of the 3 notary's death. 4 [Any person who violates the provisions of this section shall 5 be guilty of a summary offense and upon conviction thereof shall 6 be sentenced to pay a fine not exceeding three hundred dollars 7 ($300) or to imprisonment not exceeding ninety (90) days, or 8 both.] 9 Section 12. The act is amended by adding sections to read: 10 Section 22.2. Revocation of Commission for Certain Personal 11 Checks.--(a) The Secretary of the Commonwealth may revoke the 12 notary public commission of a notary public who issues to the 13 order of any State agency or the Commonwealth a personal check 14 without sufficient funds on deposit. 15 (b) Any action taken by the Secretary of the Commonwealth 16 under this section shall be subject to the right of notice, 17 hearing and adjudication and right of appeal therefrom in 18 accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice 19 and procedure of Commonwealth agencies) and 7 Subch. A (relating 20 to judicial review of Commonwealth agency action), known as the 21 Administrative Agency Law. 22 Section 22.3. Regulations.--The Secretary of the 23 Commonwealth shall have the authority to promulgate such rules 24 and regulations as are necessary to administer and enforce this 25 act. 26 Section 13. Section 24 of the act is amended to read: 27 Section 24. [General Repeal.--All other] Repeals.--(a) The 28 following acts and parts of acts are repealed [in so far as they 29 are inconsistent with the provisions of this act.]: 30 The act of April 14, 1828 (P.L.447, No.188), entitled "An act 20010H0851B2107 - 14 -
1 to authorise the appointment of commissioners to take the 2 acknowledgement of deeds and instruments of writing under seal." 3 The act of March 13, 1839 (P.L.92, No.44), entitled "A 4 supplement to an act entitled 'An act to authorize the 5 appointment of commissioners to take the acknowledgment of deeds 6 and instruments of writing under seal,' approved on the 7 fourteenth day of April, one thousand eight hundred and twenty- 8 eight." 9 The act of April 6, 1843 (P.L.175, No.83), entitled "A 10 supplement to an act entitled 'An Act to authorize the 11 appointment of Commissioners to take the acknowledgment of deeds 12 and instruments of writing under seal.'" 13 Section 15 of the act of April 9, 1849 (P.L.524, No.354), 14 entitled "A supplement to an act relative to the venders of 15 mineral waters; and an act relative to the Washington coal 16 company; to sheriffs' sales of real estate; to the substitution 17 of executors and trustees when plaintiffs; to partition in the 18 courts of common pleas, and for other purposes." 19 (b) All other acts and parts of acts are repealed insofar as 20 they are inconsistent with this act. 21 Section 14. This act shall take effect in 180 days. B5L57BIL/20010H0851B2107 - 15 -