PA House Bill 1026 | NNA

PA House Bill 1026

Notary Law Update: PA House Bill 1026

State: Pennsylvania

Summary:

Under current law in Pennsylvania, only judicial officers, clerks of court and such other personnel of the system and jurors as may be designated by or pursuant to general rules may administer oaths and affirmations and take acknowledgments. An acknowledgment may be taken by a member of the bar of the Supreme Court of Pennsylvania. HB 1026 allows each retired or senior judge to have the powers to take acknowledgments and administer oaths provided six requirements are met.

Signed:  June 30, 2012

Effective:  August 29, 2012

Chapter: Act No. 2012-79

Affects:

Amends Section 327 of Title 42 of the Pennsylvania Consolidated Statutes

Changes:
  1. Allows each retired or senior judge to have the powers to take acknowledgments and administer oaths provided six requirements are met.
Analysis:

Under current law in Pennsylvania, only judicial officers, clerks of court and such other personnel of the system and jurors as may be designated by or pursuant to general rules may administer oaths and affirmations and take acknowledgments. An acknowledgment may be taken by a member of the bar of the Supreme Court of Pennsylvania if the document is then certified to an officer authorized to administer oaths. The certification must be done in accordance with the Uniform Acknowledgment Act and shall include the attorney's Supreme Court identification number.  HB 1026 retired and senior judges to those individuals who are permitted to administer oaths and affirmations and take acknowledgments, as long as the retired or senior judge: (1) has served as a magisterial district judge, judge or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling one full term of office; (2) has not been defeated for reelection or retention;  (3) has not been convicted of or pleaded nolo contendere to any misdemeanor or felony offense; (4) has not resigned a judicial commission to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies or by the Judicial Conduct Board; (5) has not been removed from office by the Court of Judicial Discipline; and  (6) is a resident of this Commonwealth.

Read the bill text.

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