To all mobile notaries: I still have assurances from the Pennsylvania Notary Association that this bill is not going forward as written. They are keeping an eye on it and if it looks like it will move forward they will let us know.
This bill states as follows:
INTRODUCED BY FARNESE, WASHINGTON, FERLO, HUGHES, RAFFERTY AND COSTA, MARCH 6, 2013
REFERRED TO STATE GOVERNMENT, MARCH 6, 2013 - LAST ACTION.
AN ACT
Amending the act of August 21, 1953 (P.L.1323, No.373), entitled "An act concerning notaries public; and amending, revising, consolidating and changing the law relating thereto," further providing for oath of office, bond and recording, for notarial seal, for register and copies of records and for fees of notaries public; providing for revocation of commission for notarizing fraudulent deeds or acknowledgments; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 8 of the act of August 21, 1953 (P.L.1323, No.373), known as The Notary Public Law, amended December 9, 2002 (P.L.1269, No.151), is amended to read:
Section 8. Oath of Office; Bond; Recording.--[Every] (a) Except as provided in subsection (b), every notary, upon appointment and prior to entering upon the duties of the office of notary public, shall take and subscribe the constitutional oath of office, and shall give a surety bond, payable to the Commonwealth of Pennsylvania, in the amount of ten thousand dollars ($10,000), which bond shall, after being recorded, be approved by and filed with the Secretary of the Commonwealth. Every such bond shall have as surety a duly authorized surety company or two sufficient individual sureties, to be approved by the Secretary of the Commonwealth, conditioned for the faithful performance of the duties of the office of notary public and for the delivery of the notary's register and seal to the office of the recorder of deeds of the proper county in case of the death, resignation or disqualification of the notary within thirty (30) days of such event. Such bond, as well as the commission and oath of office, shall be recorded in the office of the recorder of deeds of the county in which the notary maintains an office at the time of appointment or reappointment. The commission of any notary hereafter appointed who shall, for forty-five (45) days after the beginning of the term, neglect to give bond and cause the bond and the commission and oath to be recorded, as above directed, shall be null and void.
(b) In order to notarize deeds for the conveyance of real property governed by 68 Pa.C.S. Ch. 71 (relating to general provisions), a notary shall give a surety bond, payable to the Commonwealth of Pennsylvania, in the amount of one hundred thousand dollars ($100,000), which bond shall, after being recorded, be approved by and filed with the Secretary of the Commonwealth. The bond shall have as surety a duly authorized surety company or two sufficient individual sureties, to be approved by the Secretary of the Commonwealth, conditioned for the faithful performance of the duties of the office of notary public and for the delivery of the notary's register and seal to the office of the recorder of deeds of the proper county in case of the death, resignation or disqualification of the notary within thirty (30) days of such event. The bond, as well as the commission and oath of office, shall be recorded in the office of the recorder of deeds of the county in which the notary maintains an office at the time of appointment or reappointment. The commission of any notary hereafter appointed who shall, for forty-five (45) days after the beginning of the term, neglect to give bond and cause the bond and the commission and oath to be recorded, as directed in this subsection, shall be null and void.
Section 2. Sections 12 and 15 of the act are amended by adding subsections to read:
Section 12. Notarial Seal.--* * *
(e.1) Notwithstanding any other provision of law to the contrary, a person who uses the official seal or any other equipment of a person commissioned as notary public who is not the notary public for whom the commission has been issued to notarize any document commits an offense. A first offense under this subsection is a misdemeanor of the first degree. A second or subsequent offense under this subsection is a felony of the third degree.
(e.2) Any person commissioned as a notary public in this Commonwealth who knowingly, recklessly or negligently notarizes any document without determining the identity of all persons who are signatories to the document to be notarized as provided by this act or any other law commits an offense. A first offense under this subsection is a misdemeanor of the first degree. A second or subsequent offense under this subsection is a felony of the third degree.
(e.3) When a notary is acknowledging a deed for the conveyance of real property, the notary shall include the notary's name, in print, below the notary's signature, in addition to the notary's seal and stamp.
* * *
Section 15. Register; Copies of Records.--* * *
(a.1) In addition to the requirements of subsection (a), the chronological register shall include the thumbprints of the grantor or grantors and the grantee or grantees to a deed of conveyance, to appear in the register of the notary adjacent to the registry entry of the performance of that act by the notary.
* * *
Section 3. Section 21(a) of the act, amended December 9, 2002 (P.L.1269, No.151), is amended to read:
Section 21. Fees of Notaries Public.--(a) The fees of notaries public shall be fixed by the Secretary of the Commonwealth with the approval of the Attorney General. The Secretary of the Commonwealth shall provide a special fee for the notarization of deeds and acknowledgments for the conveyance of real property as provided in this act.
* * *
Section 4. The act is amended by adding a section to read:
Section 21.1. Revocation of Commission for Notarizing Fraudulent Deeds or Acknowledgments.--(a) The Secretary of the Commonwealth may revoke the notary public commission of a notary public who has notarized any deed or acknowledgment of the transfer of a deed that is found to be fraudulent.
(b) Any action taken by the Secretary of the Commonwealth under this section shall be subject to the right of notice, hearing and adjudication and right of appeal therefrom in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
Section 5. This act shall take effect in 60 days.
============================================================
Commentary: Senate Bill 616 is a part of a package of legislation intended to combat the crime of home theft, which has become common in some of our communities. This bill is before the Senate Committee on State Government, to which it was referred on March 6, 2013. The future of this bill is in the hands of that Committee at the moment.
This committee is comprised of the following members:
DEMOCRATS
REPUBLICANS
This bill states as follows:
INTRODUCED BY FARNESE, WASHINGTON, FERLO, HUGHES, RAFFERTY AND COSTA, MARCH 6, 2013
REFERRED TO STATE GOVERNMENT, MARCH 6, 2013 - LAST ACTION.
AN ACT
Amending the act of August 21, 1953 (P.L.1323, No.373), entitled "An act concerning notaries public; and amending, revising, consolidating and changing the law relating thereto," further providing for oath of office, bond and recording, for notarial seal, for register and copies of records and for fees of notaries public; providing for revocation of commission for notarizing fraudulent deeds or acknowledgments; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 8 of the act of August 21, 1953 (P.L.1323, No.373), known as The Notary Public Law, amended December 9, 2002 (P.L.1269, No.151), is amended to read:
Section 8. Oath of Office; Bond; Recording.--[Every] (a) Except as provided in subsection (b), every notary, upon appointment and prior to entering upon the duties of the office of notary public, shall take and subscribe the constitutional oath of office, and shall give a surety bond, payable to the Commonwealth of Pennsylvania, in the amount of ten thousand dollars ($10,000), which bond shall, after being recorded, be approved by and filed with the Secretary of the Commonwealth. Every such bond shall have as surety a duly authorized surety company or two sufficient individual sureties, to be approved by the Secretary of the Commonwealth, conditioned for the faithful performance of the duties of the office of notary public and for the delivery of the notary's register and seal to the office of the recorder of deeds of the proper county in case of the death, resignation or disqualification of the notary within thirty (30) days of such event. Such bond, as well as the commission and oath of office, shall be recorded in the office of the recorder of deeds of the county in which the notary maintains an office at the time of appointment or reappointment. The commission of any notary hereafter appointed who shall, for forty-five (45) days after the beginning of the term, neglect to give bond and cause the bond and the commission and oath to be recorded, as above directed, shall be null and void.
(b) In order to notarize deeds for the conveyance of real property governed by 68 Pa.C.S. Ch. 71 (relating to general provisions), a notary shall give a surety bond, payable to the Commonwealth of Pennsylvania, in the amount of one hundred thousand dollars ($100,000), which bond shall, after being recorded, be approved by and filed with the Secretary of the Commonwealth. The bond shall have as surety a duly authorized surety company or two sufficient individual sureties, to be approved by the Secretary of the Commonwealth, conditioned for the faithful performance of the duties of the office of notary public and for the delivery of the notary's register and seal to the office of the recorder of deeds of the proper county in case of the death, resignation or disqualification of the notary within thirty (30) days of such event. The bond, as well as the commission and oath of office, shall be recorded in the office of the recorder of deeds of the county in which the notary maintains an office at the time of appointment or reappointment. The commission of any notary hereafter appointed who shall, for forty-five (45) days after the beginning of the term, neglect to give bond and cause the bond and the commission and oath to be recorded, as directed in this subsection, shall be null and void.
Section 2. Sections 12 and 15 of the act are amended by adding subsections to read:
Section 12. Notarial Seal.--* * *
(e.1) Notwithstanding any other provision of law to the contrary, a person who uses the official seal or any other equipment of a person commissioned as notary public who is not the notary public for whom the commission has been issued to notarize any document commits an offense. A first offense under this subsection is a misdemeanor of the first degree. A second or subsequent offense under this subsection is a felony of the third degree.
(e.2) Any person commissioned as a notary public in this Commonwealth who knowingly, recklessly or negligently notarizes any document without determining the identity of all persons who are signatories to the document to be notarized as provided by this act or any other law commits an offense. A first offense under this subsection is a misdemeanor of the first degree. A second or subsequent offense under this subsection is a felony of the third degree.
(e.3) When a notary is acknowledging a deed for the conveyance of real property, the notary shall include the notary's name, in print, below the notary's signature, in addition to the notary's seal and stamp.
* * *
Section 15. Register; Copies of Records.--* * *
(a.1) In addition to the requirements of subsection (a), the chronological register shall include the thumbprints of the grantor or grantors and the grantee or grantees to a deed of conveyance, to appear in the register of the notary adjacent to the registry entry of the performance of that act by the notary.
* * *
Section 3. Section 21(a) of the act, amended December 9, 2002 (P.L.1269, No.151), is amended to read:
Section 21. Fees of Notaries Public.--(a) The fees of notaries public shall be fixed by the Secretary of the Commonwealth with the approval of the Attorney General. The Secretary of the Commonwealth shall provide a special fee for the notarization of deeds and acknowledgments for the conveyance of real property as provided in this act.
* * *
Section 4. The act is amended by adding a section to read:
Section 21.1. Revocation of Commission for Notarizing Fraudulent Deeds or Acknowledgments.--(a) The Secretary of the Commonwealth may revoke the notary public commission of a notary public who has notarized any deed or acknowledgment of the transfer of a deed that is found to be fraudulent.
(b) Any action taken by the Secretary of the Commonwealth under this section shall be subject to the right of notice, hearing and adjudication and right of appeal therefrom in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
Section 5. This act shall take effect in 60 days.
============================================================
Commentary: Senate Bill 616 is a part of a package of legislation intended to combat the crime of home theft, which has become common in some of our communities. This bill is before the Senate Committee on State Government, to which it was referred on March 6, 2013. The future of this bill is in the hands of that Committee at the moment.
This committee is comprised of the following members:
DEMOCRATS
- Matt Smith, Minority Chair (717) 787-5839 Fax: 717-772-4437
- Anthony Williams (717) 787-5709 Fax: (717) 787-4384 (HARRISBURG #)
- Andrew Dinniman (610) 692-2112 FAX: (610) 436-1721
- John Yudichak (610) 692-2112 FAX(570) 883-4690
REPUBLICANS
- Lloyd Smucker, Chair (717) 787-6535 FAX: (717) 772-5471
- Michael Brubaker, Vice Chair (717) 627-0036 FAX: (717) 627-1389
- Joe Scarnati, Ex officio (570) 724-5231 FAX: (570) 723-5119
- Jake Corman (814) 355-0477 FAX: (814) 355-6046
- Mike Folmer (717) 274-6735 FAX: (717) 274-7702
- Charles McIlhinney (215) 489-5000 FAX: (215) 489-5200
- Don White Toll Free: 866-736-9448 FAX: 724-327-2436