SB 1097 — An Act amending Titles 42 (Judiciary and Judicial Procedure) and 57 (Notaries Public) of the Pennsylvania Consolidated Statutes, in Uniform Unsworn Foreign Declarations Act, further providing for heading of chapter, for short title of chapter, for definitions, for applicability and for form of unsworn declaration, and, in revised uniform law on notarial acts, further providing for authority to perform notarial act, providing for notarial act performed by remotely located individual and further providing for notification regarding performance of notarial act on electronic record and selection of technology.

PRIOR PRINTER'S NO.

1598 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

16221097 THE2020 GENERALINTRODUCED ASSEMBLYBY OFMASTRIANO, PENNSYLVANIABAKER, SENATEBOSCOLA, BILLBREWSTER, SessionBROWNE, ofFONTANA, No.MENSCH, SCAVELLO AND J.

1097WARD, MARCH 23, 2020 INTRODUCEDREFERRED BYTO MASTRIANO,STATE BAKER,GOVERNMENT, BOSCOLA,MARCH BREWSTER,23, BROWNE,2020 FONTANA,AN MENSCH,ACT SCAVELLO,AmeConsolidated J.Statutes, in revised uniform law on notarial acts, further providing for authority to perform notarial act, providing for notarial act performed by remotely located individual and further providing for notification regarding performance of notarial act on electronic record and selection of technology.

WARD, HAYWOOD, PITTMAN, STEFANO, BARTOLOTTA AND BROOKS, MARCH 23, 2020 SENATOR DISANTO, STATE GOVERNMENT, AS AMENDED, APRIL 6, 2020 AN ACT Amending Title TITLES 42 (JUDICIARY AND JUDICIAL PROCEDURE) AND <-- 57 (Notaries Public) of the Pennsylvania Consolidated Statutes, IN UNIFORM UNSWORN FOREIGN DECLARATIONS ACT, <-- CHAPTER, FOR DEFINITIONS, FOR APPLICABILITY AND FOR FORM OFF UNSWORN DECLARATION AND, in revised uniform law on notarial acts, further providing for authority to perform notarial act, providing for notarial act performed by remotely located individual and further providing for notification regarding performance of notarial act on electronic record and selection of technology.

Section 304 of Title 57 of the Pennsylvania <-- Consolidated Statutes is amended by adding a subsection to read:

SECTION 1.

CHAPTER 62 HEADING AND SECTIONS 6201, 6202, 6203 <-- AND 6206 OF TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:

CHAPTER 62 UNIFORM UNSWORN [FOREIGN] DECLARATIONS ACT § 6201.

SHORT TITLE OF CHAPTER.

THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE UNIFORM UNSWORN [FOREIGN] DECLARATIONS ACT.

§ 6202.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

["BOUNDARIES OF THE UNITED STATES." THE GEOGRAPHIC BOUNDARIES OF THE UNITED STATES, PUERTO RICO, THE VIRGIN ISLANDS AND ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.] "LAW." INCLUDES [THE FEDERAL OR A STATE CONSTITUTION, A FEDERAL OR STATE] A STATUTE, [A] JUDICIAL DECISION OR ORDER, [A] RULE OF COURT, [AN] EXECUTIVE ORDER AND [AN] ADMINISTRATIVE RULE, REGULATION OR ORDER.

"RECORD." INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN PERCEIVABLE FORM.

"SIGN." WITH PRESENT INTENT TO AUTHENTICATE OR ADOPT A RECORD:

(1) TO EXECUTE OR ADOPT A TANGIBLE SYMBOL;

OR (2) TO ATTACH TO OR LOGICALLY ASSOCIATE WITH THE RECORD AN ELECTRONIC SYMBOL, SOUND OR PROCESS.

["STATE." A STATE OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, PUERTO RICO, THE VIRGIN ISLANDS OR ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.] "SWORN DECLARATION." A DECLARATION IN A SIGNED RECORD GIVEN UNDER OATH.

THE TERM INCLUDES A SWORN STATEMENT, VERIFICATION, CERTIFICATE AND AFFIDAVIT.

"UNSWORN DECLARATION." A DECLARATION IN A SIGNED RECORD 20200SB1097PN1622 - 2 - [THAT IS] NOT GIVEN UNDER OATH BUT [IS] GIVEN UNDER PENALTY OF PERJURY.

§ 6203.

APPLICABILITY.

THIS CHAPTER APPLIES TO AN UNSWORN DECLARATION BY A DECLARANT WHO AT THE TIME OF MAKING THE DECLARATION IS PHYSICALLY LOCATED WITHIN OR OUTSIDE THE BOUNDARIES OF THE UNITED STATES WHETHER OR NOT THE LOCATION IS SUBJECT TO THE JURISDICTION OF THE UNITED STATES.

[THIS CHAPTER DOES NOT APPLY TO A DECLARATION BY A DECLARANT WHO IS PHYSICALLY LOCATED ON PROPERTY THAT IS WITHIN THE BOUNDARIES OF THE UNITED STATES AND SUBJECT TO THE JURISDICTION OF ANOTHER COUNTRY OR A FEDERALLY RECOGNIZED INDIAN TRIBE.] § 6206.

FORM OF UNSWORN DECLARATION.

AN UNSWORN DECLARATION UNDER THIS CHAPTER MUST BE IN SUBSTANTIALLY THE FOLLOWING FORM:

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAW OF THE COMMONWEALTH OF PENNSYLVANIA THAT THE FOREGOING IS TRUE AND CORRECT.[, AND THAT I AM PHYSICALLY LOCATED OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THE UNITED STATES, PUERTO RICO, THE VIRGIN ISLANDS AND ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.

EXECUTED] SIGNED ON THE........DAY OF........,........, AT............................................, (DATE)........(MONTH)...........(YEAR).........

(CITY] COUNTY OR OTHER LOCATION, AND STATE)............

...............................................

(COUNTRY)..................................

(PRINTED NAME).............................

(SIGNATURE)................................

20200SB1097PN1622 - 3 - SECTION 2.

SECTION 304 OF TITLE 57 IS AMENDED BY ADDING A SUBSECTION TO READ:

* * * (c) Certification of tangible copies.--A notary public <-- NOTARIAL OFFICER may certify that a tangible copy of an <-- electronic record is a true and correct copy of the electronic record.

Section 22. 3.

Title 57 is amended by adding a section to <-- read: