PRIOR PRINTER'S NO. 2812 PRINTER'S NO. 3416
No. 2152 Session of 1999
INTRODUCED BY ALLEN, HASAY, CALTAGIRONE, ARGALL, PHILLIPS, GEIST
AND DALLY, DECEMBER 13, 1999
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 1, 2000
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 limitation on powers and for fees.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 19 of the act of August 21, 1953 <--
8 (P.L.1323, No.373), known as The Notary Public Law, is amended
9 to read:
10 SECTION 1. SECTION 5 OF THE ACT OF AUGUST 21, 1953 <--
11 (P.L.1323, NO.373), KNOWN AS THE NOTARY PUBLIC LAW, AMENDED JUNE
12 30, 1988 (P.L.462, NO.78), IS AMENDED TO READ:
13 SECTION 5. APPLICATION TO BECOME A NOTARY PUBLIC.--
14 APPLICATIONS FOR APPOINTMENT TO THE OFFICE OF NOTARY PUBLIC
15 SHALL BE MADE TO THE SECRETARY OF THE COMMONWEALTH, ON FORMS
16 PRESCRIBED AND FURNISHED BY HIM, AND SHALL BE ACCOMPANIED BY A
17 NON-REFUNDABLE FILING FEE OF TWENTY-FIVE DOLLARS ($25), PAYABLE
18 TO THE ORDER OF "STATE TREASURER," BY MONEY ORDER, CHECK, OR
1 DRAFT. EACH APPLICATION SHALL BEAR THE ENDORSEMENT OF THE
2 SENATOR OR REPRESENTATIVE OF THE DISTRICT IN WHICH THE APPLICANT
3 RESIDES, OR, IN THE CASE OF A VACANCY IN THAT SENATORIAL OR
4 LEGISLATIVE DISTRICT, SHALL BE ENDORSED BY THE SENATOR OR
5 REPRESENTATIVE OF AN ADJACENT DISTRICT.
6 BEFORE ISSUING TO ANY APPLICANT A COMMISSION AS NOTARY
7 PUBLIC, THE SECRETARY OF THE COMMONWEALTH SHALL SATISFY HIMSELF
8 THAT THE APPLICANT IS OF GOOD MORAL CHARACTER, AND IS FAMILIAR
9 WITH THE DUTIES AND RESPONSIBILITIES OF A NOTARY PUBLIC. SUCH
10 QUALIFYING REQUIREMENTS MAY BE WAIVED IN THE CASE OF
11 REAPPOINTMENT OR APPOINTMENTS OF PERSONS MAKING APPLICATION
12 WITHIN SIX (6) MONTHS AFTER THE EXPIRATION OF A PREVIOUS TERM AS
13 NOTARY PUBLIC, OR APPOINTMENTS OF PERSONS WHO WERE PREVENTED
14 FROM APPLYING FOR REAPPOINTMENT OR FROM APPLYING FOR
15 APPOINTMENT, WITHIN THE SIX (6) MONTH EXTENSION PERIOD MENTIONED
16 ABOVE, BY REASON OF THEIR INDUCTION OR ENLISTMENT IN THE ARMED
17 FORCES OF THE UNITED STATES, IF APPLICATION IS MADE WITHIN ONE
18 (1) YEAR AFTER MILITARY DISCHARGE OF THE APPLICANT, UNDER
19 CONDITIONS OTHER THAN DISHONORABLE.
20 SECTION 2. SECTION 19 OF THE ACT IS AMENDED TO READ:
21 Section 19. Limitation on Powers[; Fees].--[(a) No director
22 or officer in any bank, banking institution or trust company,
23 holding at the same time the office of notary public, shall do
24 or perform any act or duty as notary public for any bank,
25 banking institution or trust company in which he is a director
26 or officer. Any act or duty performed by any such notary public
27 for any such bank, banking institution or trust company is
28 hereby declared invalid.
29 (b) No clerk in any bank, banking institution or trust
30 company, holding at the same time the office of notary public,
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1 shall be authorized to protest checks, notes, drafts, bill of
2 exchange, or any commercial paper, for any bank, banking
3 institution or trust company in which he is employed.
4 (c) The fees of any such notary for other services rendered
5 shall be the property of such notary and in no case belong to or
6 be received by the corporation of which he is a director or
7 clerk.]
8 (d) No justice of the peace, magistrate or alderman, holding
9 at the same time the office of notary public, shall have
10 jurisdiction in cases arising on papers or documents containing
11 acts by him done in the office of notary public.
12 (e) No notary public may act as such in any transaction in
13 which he is a party directly [or pecuniarily] interested. FOR <--
14 PURPOSES OF THIS SUBSECTION, THE FOLLOWING SHALL NOT CONSTITUTE
15 A DIRECT OR PECUNIARY INTEREST:
16 (1) BEING A SHAREHOLDER IN A PUBLICLY TRADED COMPANY THAT IS
17 A PARTY TO THE NOTARIZED TRANSACTION.
18 (2) BEING A DIRECTOR, OFFICER OR EMPLOYE OF A COMPANY THAT
19 IS A PARTY TO THE NOTARIZED TRANSACTION.
20 (3) RECEIVING A FEE THAT IS NOT CONTINGENT UPON THE
21 COMPLETION OF THE NOTARIZED TRANSACTION.
22 Section 2 3. This act shall take effect in 60 days. <--
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