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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY READSHAW, SABATINA, NEUMAN, DEASY, CARROLL, BRENNAN, DeLUCA, EVERETT, FABRIZIO, JAMES, KAVULICH, KORTZ, KULA, MILLARD, MILLER, M. O'BRIEN, WHITE AND GOODMAN, JUNE 14, 2012 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2012 |
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| AN ACT |
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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 application to become a notary public. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 5 of the act of August 21, 1953 |
8 | (P.L.1323, No.373), known as The Notary Public Law, amended |
9 | December 9, 2002 (P.L.1269, No.151), is amended to read: |
10 | Section 5. Application to Become a Notary Public.--(a) |
11 | Applications for appointment to the office of notary public |
12 | shall be made to the Secretary of the Commonwealth, on forms |
13 | prescribed and furnished by the secretary, and shall be |
14 | accompanied by a non-refundable filing fee as set forth in |
15 | section 618-A of the act of April 9, 1929 (P.L.177, No.175), |
16 | known as "The Administrative Code of 1929," payable to the order |
17 | of the "Commonwealth of Pennsylvania." Each application shall |
18 | bear the endorsement of the Senator of the district in which the |
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1 | applicant resides or, if the applicant does not reside in this |
2 | Commonwealth, the endorsement of the Senator of the district in |
3 | which the applicant is employed. In the case of a vacancy in |
4 | that senatorial district, the application shall be endorsed by |
5 | the Senator of an adjacent district. |
6 | (b) Before issuing to any applicant a commission as notary |
7 | public, the Secretary of the Commonwealth shall be satisfied |
8 | that the applicant is of good moral character, and is familiar |
9 | with the duties and responsibilities of a notary public. The |
10 | application must contain no material misstatement or omission of |
11 | fact, and the applicant shall not: |
12 | (1) have been convicted of or pled guilty or nolo |
13 | contendere to a felony or a lesser offense incompatible with |
14 | the duties of a notary public during the five (5) year period |
15 | preceding the date of the application; or |
16 | (2) have had a prior notary public commission revoked by |
17 | the Commonwealth or any other state during the five (5) year |
18 | period preceding the date of the application. |
19 | The Secretary of the Commonwealth may, for good cause, reject |
20 | any application of any notary public subject to the right of |
21 | notice, hearing and adjudication and the right of appeal |
22 | therefrom in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating |
23 | to practice and procedure of Commonwealth agencies) and 7 Subch. |
24 | A (relating to judicial review of Commonwealth agency action), |
25 | known as the Administrative Agency Law. |
26 | (c) As a condition for the Secretary of the Commonwealth's |
27 | issuance of a notary commission to an applicant not appointed to |
28 | the office of notary public as of the effective date of this |
29 | subsection, a notary applicant must complete at least three (3) |
30 | hours of approved notary education within the six (6) month |
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1 | period immediately preceding their application, unless the |
2 | notary applicant is an attorney licensed in this Commonwealth |
3 | and is current on all required continuing legal education |
4 | requirements. |
5 | (d) Notary education may either be interactive or classroom |
6 | instruction. All education programs shall be preapproved by the |
7 | Secretary of the Commonwealth with a core curriculum that |
8 | includes the duties and responsibilities of the notary office |
9 | and electronic notarization. |
10 | Section 2. This act shall take effect in 60 days. |
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