reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 308 - Authority to refuse to perform notarial act

§ 308. Authority to refuse to perform notarial act.
(a) Specific refusal.--
A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that:
(1) the individual executing the record is competent or has the capacity to execute the record;
(2) the individual's signature is knowingly and voluntarily made;
(3) the individual's signature on the record or statement substantially conforms to the signature on a form of identification used to determine the identity of the individual; or
(4) the physical appearance of the individual signing the record or statement substantially conforms to the photograph on a form of identification used to determine the identity of the individual.
(b) General refusal.--
A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 310 - Notarial act in this Commonwealth

§ 310. Notarial act in this Commonwealth.
(a) Eligible individuals.--
A notarial act may be performed in this Commonwealth by any of the following:
(1) A judge of a court of record.
(2) A clerk, prothonotary or deputy prothonotary or deputy clerk of a court having a seal.
(3) Any of the following:
(i) A recorder of deeds.
(ii) A deputy recorder of deeds.
(iii) A clerk of a recorder of deeds to the extent authorized by:
(A) section 1 of the act of May 17, 1949 (P.L.1397, No.414), entitled "An act authorizing the recorder of deeds in counties of the first class to appoint and empower clerks employed in his office to administer oaths and affirmations";
(B) section 1312 of the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code; or
(C) section 1313 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code.
(4) A notary public.
(5) A member of the minor judiciary. As used in this paragraph, the term "minor judiciary" has the meaning given in 42 Pa.C.S. § 102 (relating to definitions).
(6) An individual authorized by law to perform a specific notarial act.
(b) Prima facie evidence.--
The signature and title of an individual performing a notarial act in this Commonwealth are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) Conclusive determination.--
The signature and title of a notarial officer described in subsection (a)(1), (2), (3), (4) or (5) conclusively establish the authority of the notarial officer to perform the notarial act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 311 - Notarial act in another state

§ 311. Notarial act in another state.
(a) Effect.--
A notarial act performed in another state has the same effect under the law of this Commonwealth as if performed by a notarial officer of this Commonwealth if the act performed in that state is performed by any of the following:
(1) A notary public of that state.
(2) A judge, clerk or deputy clerk of a court of that state.
(3) An individual authorized by the law of that state to perform the notarial act.
(b) Prima facie evidence.--
The signature and title of an individual performing a notarial act in another state are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) Conclusive determination.--
The signature and title of a notarial officer described in subsection (a)(1) or (2) conclusively establish the authority of the notarial officer to perform the notarial act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 312 - Notarial act under authority of federally recognized Indian tribe

§ 312. Notarial act under authority of federally recognized Indian tribe.
(a) Effect.--
A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this Commonwealth if the act performed in the jurisdiction of the tribe is performed by any of the following:
(1) A notary public of the tribe.
(2) A judge, clerk or deputy clerk of a court of the tribe.
(3) An individual authorized by the law of the tribe to perform the notarial act.
(b) Prima facie evidence.--
The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) Conclusive determination.--
The signature and title of a notarial officer described in subsection (a)(1) or (2) conclusively establish the authority of the notarial officer to perform the notarial act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 313 - Notarial act under Federal authority

§ 313. Notarial act under Federal authority.
(a) Effect.--
A notarial act performed under Federal law has the same effect under the law of this Commonwealth as if performed by a notarial officer of this Commonwealth if the act performed under Federal law is performed by any of the following:
(1) A judge, clerk or deputy clerk of a court.
(2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under Federal law.
(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas.
(4) An individual authorized by Federal law to perform the notarial act.
(b) Prima facie evidence.--
The signature and title of an individual acting under Federal authority and performing a notarial act are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) Conclusive determination.--
The signature and title of a notarial officer described in subsection (a)(1), (2) or (3) conclusively establish the authority of the notarial officer to perform the notarial act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 314 - Foreign notarial act

§ 314. Foreign notarial act.
(a) (Reserved).
(b) Effect.--
(1) This subsection applies to a notarial act:
(i) performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state; or
(ii) performed under the authority of a multinational or international governmental organization.
(2) A notarial act under paragraph (1) has the same effect under the law of this Commonwealth as if performed by a notarial officer of this Commonwealth.
(c) Conclusive establishment.--
If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(d) Prima facie evidence.--
The signature and official stamp of an individual holding an office described in subsection (c) are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(e) Hague Convention.--
(1) This subsection applies to an apostille which is:
(i) in the form prescribed by the Hague Convention of October 5, 1961; and
(ii) issued by a foreign state party to the Hague Convention.
(2) An apostille under paragraph (1) conclusively establishes that:
(i) the signature of the notarial officer is genuine; and
(ii) the notarial officer holds the indicated office.
(f) Consular authentications.--
(1) This subsection applies to a consular authentication:
(i) issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas; and
(ii) attached to the record with respect to which the notarial act is performed.
(2) A consular authentication under paragraph (1) conclusively establishes that:
(i) the signature of the notarial officer is genuine; and
(ii) the notarial officer holds the indicated office.
(g) Definition.--
As used in this section, the term "foreign state" means a government other than the United States, a state or a federally recognized Indian tribe.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 316 - Short form certificates

§ 316. Short form certificates.
The following short form certificates of notarial acts are sufficient for the purposes indicated if completed with the information required by section 315(a) and (b) (relating to certificate of notarial act):
(1) For an acknowledgment in an individual capacity:
State of‌
County of‌
This record was acknowledged before me on
(date)‌
by (name(s) of individual(s))‌
‌
Signature of notarial officer‌
Stamp
‌
Title of office‌
My commission expires:‌
(2) For an acknowledgment in a representative capacity:
State of‌
County of‌
This record was acknowledged before me on
(date)‌
by (name(s) of individual(s))‌
‌
as (type of authority, such as officer or trustee)
‌
who represent that (he, she or they) are authorized to act on behalf of (name of party on behalf of whom record was executed)‌
‌
Signature of notarial officer‌
Stamp
‌
Title of office‌
My commission expires:‌
(2.1) For an acknowledgment by an attorney at law pursuant to 42 Pa.C.S. § 327 (relating to oaths and acknowledgments):‌
State of‌
County of‌
This record was acknowledged before me on
(date)‌
by (name of attorney)‌
Supreme Court identification number‌
as a member of the bar of the Pennsylvania Supreme Court certified that he/she was personally present when (name(s) of individual(s)) executed the record and that (name(s) of individual(s)) executed the record for the purposes contained therein.
Signature of notarial officer‌
Stamp
‌
Title of office‌
My commission expires:‌
(3) For a verification on oath or affirmation:
State of‌
County of‌
Signed and sworn to (or affirmed) before me on
(date)‌
by (name(s) of individual(s) making statement)‌
Signature of notarial officer‌
Stamp
‌
Title of office‌
My commission expires:‌
(4) For witnessing or attesting a signature:
State of‌
County of‌
Signed (or attested) before me on
(date)‌
by (name(s) of individual(s))‌
‌
Signature of notarial officer‌
Stamp
‌
Title of office‌
My commission expires:‌
(5) For certifying a copy of a record:
State of‌
County of‌
I certify that this is a true and correct copy of a‌
in the possession of‌
Dated‌
Signature of notarial officer‌
Stamp
‌
Title of office‌
My commission expires:‌
(6) For certifying the transcript of a deposition:
State of‌
County of‌
I certify that this is a true and correct copy of the transcript of the deposition of‌
Dated‌
Signature of notarial officer‌
Stamp
‌
Title of office:‌
My commission expires:‌
(Oct. 4, 2016, P.L.867, No.103, eff. imd.)
2017 Correction.
Formatting change made to par. (3).
2016 Amendment.
Act 103 amended par. (2.1). Section 3(2) of Act 103 provided that the amendments of par. (2.1) shall apply to a form used for an acknowledgment taken by a member of the bar of the Pennsylvania Supreme Court pursuant to 42 Pa.C.S. § 327(a) retroactively to January 1, 2015.
Cross References. Section 316 is referred to in section 306.1 of this title; section 5601 of Title 20 (Decedents, Estates and Fiduciaries).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 317 - Official stamp

§ 317. Official stamp.
The following shall apply to the official stamp of a notary public:
(1) A notary public shall provide and keep an official seal, which shall be used to authenticate all the acts, instruments and attestations of the notary public. The seal must be a rubber stamp and must show clearly in the following order:
(i) The words "Commonwealth of Pennsylvania."
(ii) The words "Notary Seal."
(iii) The name as it appears on the commission of the notary public and the words "Notary Public."
(iv) The name of the county in which the notary public maintains an office.
(v) The date the notary public's commission expires.
(vi) Any other information required by the department.
(2) The seal must have a maximum height of one inch and width of three and one-half inches, with a plain border.
(3) The seal must be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 318 - Stamping device

§ 318. Stamping device.
(a) Security.--
(1) A notary public is responsible for the security of the stamping device of the notary public. A notary public may not allow another individual to use the device to perform a notarial act.
(2) On resignation of a notary public commission or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner which renders it unusable.
(2.1) An individual whose notary public commission has been suspended or revoked shall surrender possession of the stamping device to the department.
(3) On the death or adjudication of incompetency of a notary public, the personal representative or guardian of the notary public or any person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner which renders it unusable.
(b) Loss or theft.--
If a stamping device is lost or stolen, the notary public or the personal representative or guardian of the notary public shall notify the department promptly upon discovering that the device is lost or stolen.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 319 - Journal

§ 319. Journal.
(a) Maintenance.--
A notary public shall maintain a journal in which the notary public records in chronological order all notarial acts that the notary public performs.
(b) Format.--
A journal may be created on a tangible medium or in an electronic format. A notary public may maintain a separate journal for tangible records and for electronic records. If the journal is maintained on a tangible medium, it shall be a bound register with numbered pages. If the journal is maintained in an electronic format, it shall be in a tamper-evident electronic format complying with the regulations of the department.
(c) Entries.--
An entry in a journal shall be made contemporaneously with performance of the notarial act and contain all of the following information:
(1) The date and time of the notarial act.
(2) A description of the record, if any, and type of notarial act.
(3) The full name and address of each individual for whom the notarial act is performed.
(4) If identity of the individual is based on personal knowledge, a statement to that effect.
(5) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and any identification credential presented, including the date of issuance and expiration of an identification credential.
(6) The fee charged by the notary public.
(d) Loss or theft.--
If a journal is lost or stolen, the notary public shall promptly notify the department on discovering that the journal is lost or stolen.
(e) Termination of office.--
A notary public shall deliver the journal of the notary public to the office of the recorder of deeds in the county where the notary public last maintained an office within 30 days of:
(1) expiration of the commission of the notary public, unless the notary public applies for a commission within that time period;
(2) resignation of the commission of the notary public; or
(3) revocation of the commission of the notary public.
(f) Repository.--
(Reserved).
(g) Death or incompetency.--
On the death or adjudication of incompetency of a current or former notary public, the personal representative or guardian of the notary public or a person knowingly in possession of the journal of the notary public shall deliver it within 30 days to the office of the recorder of deeds in the county where the notary public last maintained an office.
(g.1) Certified copies.--
A notary public shall give a certified copy of the journal to a person that applies for it.
(h) Protection.--
(1) A journal and each public record of the notary public are exempt from execution.
(2) A journal is the exclusive property of the notary public.
(3) A journal may not be:
(i) used by any person other than the notary public; or
(ii) surrendered to an employer of the notary public upon termination of employment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 320 - Notification regarding performance of notarial act on electronic record; selection of technology

§ 320. Notification regarding performance of notarial act on electronic record; selection of technology.
(a) Selection.--
A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(b) Notice and approval.--
(1) Before a notary public performs the initial notarial act with respect to an electronic record, a notary public shall notify the department that the notary public will be performing notarial acts with respect to electronic records and identify each technology the notary public intends to use.
(2) If the department has established standards for approval of technology under section 327 (relating to regulations), the technology must conform to the standards. If the technology conforms to the standards, the department shall approve the use of the technology.
(c) Certification of tangible copies.--
A recorder of deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that the record be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
(Oct. 29, 2020, P.L.1030, No.97, eff. imd.)
2020 Amendment.
Act 97 added subsec. (c).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 322 - Examination, basic education and continuing education

§ 322. Examination, basic education and continuing education.
(a) Examination.--
An applicant for a commission as a notary public who does not hold a commission in this Commonwealth must pass an examination administered by the department or an entity approved by the department. The examination must be based on the course of study described in subsection (b).
(b) Basic education.--
An applicant under subsection (a) must, within the six-month period immediately preceding application, complete a course of at least three hours of notary public basic education approved by the department. For approval, the following apply:
(1) The course must cover the statutes, regulations, procedures and ethics relevant to notarial acts, with a core curriculum including the duties and responsibilities of the office of notary public and electronic notarization.
(2) The course must either be interactive or classroom instruction.
(c) Continuing education.--
An applicant for renewal of appointment and commission as a notary public must, within the six-month period immediately preceding application, complete a course of at least three hours of notary public continuing education approved by the department. For approval, the following apply:
(1) The course must cover topics which ensure maintenance and enhancement of skill, knowledge and competency necessary to perform notarial acts.
(2) The course must either be interactive or classroom instruction.
(d) Preapproval.--
All basic and continuing education courses of study must be preapproved by the department.
Effective Date. Section 5(1)(i) of Act 73 of 2013 provided that subsecs. (b) and (c) shall take effect immediately.
Approval of courses. Section 4 of Act 73 of 2013 provided that upon approval of courses under subsecs. (b) and (c), the Department of State shall transmit notice of the approval to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
Cross References.
Section 322 is referred to in sections 321, 327 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 324 - Database of notaries public

§ 324. Database of notaries public.
The department shall maintain an electronic database of notaries public:
(1) through which a person may verify the authority of a notary public to perform notarial acts; and
(2) which indicates whether a notary public has notified the department that the notary public will be performing notarial acts on electronic records.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 325 - Prohibited acts

§ 325. Prohibited acts.
(a) No authority.--
A commission as a notary public does not authorize the notary public to:
(1) assist persons in drafting legal records, give legal advice or otherwise practice law;
(2) act as an immigration consultant or an expert on immigration matters;
(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
(4) receive compensation for performing any of the activities listed in this subsection.
(b) False advertising.--
A notary public may not engage in false or deceptive advertising.
(c) Designation.--
(1) Except as set forth in paragraph (2), a notary public may not use the term "notario" or "notario publico."
(2) Paragraph (1) does not apply to an attorney at law.
(d) Representations.--
(1) Except as set forth in paragraph (2), the following apply:
(i) A notary public may not advertise or represent that the notary public may:
(A) assist persons in drafting legal records;
(B) give legal advice; or
(C) otherwise practice law.
(ii) If a notary public advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the department, in the advertisement or representation, prominently and in each language used in the advertisement or representation:
I am not an attorney licensed to practice law in this Commonwealth. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.
(iii) If the form of advertisement or representation is not broadcast media, print media or the Internet and does not permit inclusion of the statement required by this subsection because of size, it shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(2) Paragraph (1) does not apply to an attorney at law.
(e) Original records.--
Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
(f) Crimes Code.--
There are provisions in 18 Pa.C.S. (relating to crimes and offenses) which apply to notaries public.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 326 - Validity of notarial acts

§ 326. Validity of notarial acts.
(a) Failures.--
Except as otherwise provided in section 304(b) (relating to authority to perform notarial act), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer.
(b) Invalidation.--
The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction which is the subject of the notarial act or from seeking other remedies based on Federal law or the law of this Commonwealth other than this chapter.
(c) Lack of authority.--
This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 327 - Regulations

§ 327. Regulations.
(a) Authority.--
Except as provided in section 329.1(a)(relating to fees of notaries public), the department may promulgate regulations to implement this chapter. Regulations regarding the performance of notarial acts with respect to electronic records may not require or accord greater legal status or effect to the implementation or application of a specific technology or technical specification. Regulations may:
(1) Prescribe the manner of performing notarial acts regarding tangible and electronic records.
(2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.
(3) Include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures.
(4) Prescribe the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public.
(5) Include provisions to prevent fraud or mistake in the performance of notarial acts.
(6) Establish the process for approving and accepting surety bonds under section 321(d) (relating to appointment and commission as notary public; qualifications; no immunity or benefit).
(7) Provide for the administration of the examination under section 322(a) (relating to examination, basic education and continuing education) and the course of study under section 322(b).
(7.1) Require applicants for appointment and commission as notaries public to submit criminal history record information as provided in 18 Pa.C.S. Ch. 91 (relating to criminal history record information) as a condition of appointment.
(8) Include any other provision necessary to implement this chapter.
(b) Considerations.--
In promulgating regulations about notarial acts with respect to electronic records, the department shall consider, so far as is consistent with this chapter:
(1) the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;
(2) standards, practices and customs of other states which substantially enact the Revised Uniform Law on Notarial Acts; and
(3) the views of governmental officials and entities and other interested persons.
(July 9, 2014, P.L.1035, No.119, eff. imd.)
2014 Amendment. Act 119 added subsec. (a)(7.1). See section 3 of Act 119 in the appendix to this title for special provisions relating to application for appointment.
Effective Date. Section 5(1)(ii) of Act 73 of 2013 provided that section 327 shall take effect immediately.
Cross References.
Section 327 is referred to in sections 306.1, 315, 320 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 328 - Notary public commission in effect

§ 328. Notary public commission in effect.
A commission as a notary public in effect on the effective date of this chapter continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after the effective date of this chapter is subject to this chapter. A notary public, in performing notarial acts after the effective date of this chapter, shall comply with this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 329.1 - Fees of notaries public

§ 329.1. Fees of notaries public.
(a) Department.--
The fees of notaries public shall be fixed by the department by regulation.
(b) Prohibition.--
A notary public may not charge or receive a notary public fee in excess of the fee fixed by the department.
(c) Operation.--
(1) The fees of the notary public shall be separately stated.
(2) A notary public may waive the right to charge a fee.
(3) Unless paragraph (2) applies, a notary public shall:
(i) display fees in a conspicuous location in the place of business of the notary public; or
(ii) provide fees, upon request, to a person utilizing the services of the notary public.
(d) Presumption.--
The fee for a notary public:
(1) shall be the property of the notary public; and
(2) unless mutually agreed by the notary public and the employer, shall not belong to or be received by the entity that employs the notary public.
Effective Date. Section 5(1)(ii) of Act 73 of 2013 provided that subsec. (a) shall take effect immediately.
Cross References.
Section 329.1 is referred to in section 327 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 330 - Uniformity of application and construction

§ 330. Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 57 - NOTARIES PUBLIC › Chapter 3 - Revised Uniform Law on Notarial Acts › Section 331 - Relation to Electronic Signatures in Global and National Commerce Act

§ 331. Relation to Electronic Signatures in Global and National Commerce Act.
To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may modify or supersede provisions of that act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Extra - Chapter Notes

Enactment.
Chapter 23 was added February 14, 2012, P.L.87, No.13, effective immediately.
Cross References.
Chapter 23 is referred to in sections 2703, 3308, 3502 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2304 - Well information

§ 2304. Well information.
(a) List.--
Within 14 days of the effective date of this section, the department shall provide the commission and, upon request, a county, with a list of all spud unconventional gas wells from the department. The department shall update the list and provide it to the commission on a monthly basis.
(b) Updates.--
A producer subject to the fee shall notify the commission of the following within 30 days after a calendar month in which the change occurs:
(1) The spudding of an unconventional gas well.
(1.1) The initiation of production at an unconventional gas well.
(2) The removal of an unconventional gas well from production.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2305 - Duties of department

§ 2305. Duties of department.
(a) Confirmation of payment.--
Prior to issuing a permit to drill an unconventional gas well in this Commonwealth, the department shall determine whether the producer has paid all fees owed for an existing unconventional gas well under section 2302 (relating to unconventional gas well fee).
(b) Prohibition.--
The department shall not issue a permit to drill an unconventional gas well until all unconventional gas well fees owed under section 2302 that are not in dispute have been paid to the commission.
(c) Payment of fees.--
The commission shall provide the department with information necessary to determine that the producer has paid all unconventional gas well fees owed for an unconventional gas well under section 2302.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2307 - Commission

§ 2307. Commission.
(a) Powers.--
The commission shall have the authority to make all inquiries and determinations necessary to calculate and collect the fee, administrative charges or assessments imposed under this chapter, including, if applicable, interest and penalties.
(b) Notice.--
If the commission determines that the unconventional gas well fee has not been paid in full, it may issue a notice of the amount due and demand for payment and shall set forth the basis for the determination.
(c) Address.--
Notice of failure to pay the correct fee shall be sent to the producer via certified mail.
(d) Time period.--
Except as set forth in subsection (e), the commission may challenge the amount of a fee paid within three years after the date the report under section 2303(b) (relating to administration) is filed.
(e) Intent.--
If no report is filed or a producer files a false or fraudulent report with the intent to evade the fee, an assessment of the amount owed may be made at any time.
Cross References.
Section 2307 is referred to in section 2308 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2308 - Enforcement

§ 2308. Enforcement.
(a) Assessment.--
The commission shall assess interest on any delinquent fee at the rate determined under section 2307(a) (relating to commission).
(b) Penalty.--
In addition to the assessed interest under subsection (a), if a producer fails to make timely payment of the fee, there shall be added to the amount of the fee due a penalty of 5% of the amount of the fee if failure to file a timely payment is for not more than one month, with an additional 5% penalty for each additional month, or fraction of a month, during which the failure continues, not to exceed 25% in the aggregate.
(c) Timely payment.--
If the commission determines that a producer has not made a timely payment of the fee, the commission shall send written notice of the amount of the deficiency to the producer within 30 days from the date of determining the deficiency. The commission shall notify the department of a producer that has failed to pay the fee for any unconventional gas well under section 2302 (relating to unconventional gas well fee). If the producer does not have a pending appeal related to payment of the fee in process, the department shall suspend the permit for that well until the fee has been paid.
(d) Remedies.--
The remedies provided under this chapter are in addition to any other remedies provided by law or in equity.
(e) Lien.--
Fines, fees, interest and penalties shall be collectible as authorized by law for the collection of debts. If the producer liable to pay an amount neglects or refuses to pay the amount after demand, the amount, together with costs, shall be a judgment in favor of the Commonwealth upon the property of the producer, but only after the judgment has been entered, docketed and recorded by the prothonotary of the county where the property is situated. The Commonwealth shall transmit to the prothonotaries of the respective counties certified copies of the judgments. Each prothonotary shall enter, docket and record the record in the prothonotary's office and index each judgment, without requiring the payment of costs as a condition precedent to the entry of the judgment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2309 - Enforcement orders

§ 2309. Enforcement orders.
(a) Issuance.--
The commission may issue an order as necessary to enforce this chapter. An order issued under this section shall take effect upon notice, unless the order specifies otherwise. A person aggrieved by an order under this section may appeal to Commonwealth Court under 42 Pa.C.S. § 763 (relating to direct appeals from government agencies).
(b) Compliance.--
A producer has the duty to comply with an order issued under subsection (a). If a producer fails to proceed diligently to comply with an order within the time required, the producer shall be guilty of contempt and shall be punished by the court in an appropriate manner. The commission shall apply to Commonwealth Court, which shall have jurisdiction over matters relating to contempt.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2310 - Administrative penalties

§ 2310. Administrative penalties.
(a) Civil penalties.--
In addition to any other proceeding authorized by law, the commission may assess a civil penalty not to exceed $2,500 per violation upon a producer for the violation of this chapter. In determining the amount of the penalty, the commission shall consider the willfulness of the violation and other relevant factors.
(b) Separate offense.--
Each violation for each separate day and each violation of this chapter shall constitute a separate offense.
(c) Limitation of actions.--
Notwithstanding any limitation in 42 Pa.C.S. Ch. 55 Subch. B (relating to civil actions and proceedings), an action under this section must be brought within three years of the violation.
(d) Procedure.--
A penalty under this chapter is subject to 66 Pa.C.S. Ch. 3 Subch. B (relating to investigations and hearings).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2312 - Recordkeeping

§ 2312. Recordkeeping.
A producer liable for the fee under this chapter shall keep records, make reports and comply with regulations of the commission. The commission may require a producer to make reports, render statements or keep records as the commission deems sufficient to determine liability for the fee.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2313 - Examinations

§ 2313. Examinations.
(a) Access.--
The commission or its authorized agents or representatives shall:
(1) Have access to the relevant books, papers and records of any producer in order to verify the accuracy and completeness of a report filed or fee paid under this chapter.
(2) Require the preservation of all relevant books, papers and records for an appropriate period not to exceed three years from the end of the calendar year to which the records relate.
(3) Examine any employee of a producer under oath concerning the severing of natural gas subject to a fee or any matter relating to the enforcement of this chapter.
(4) Compel the production of relevant books, papers and records and the attendance of all individuals who the commission believes to have knowledge of relevant matters in accordance with 66 Pa.C.S. (relating to public utilities).
(b) Unauthorized disclosure.--
Any information obtained by the commission as a result of any report, examination, investigation or hearing under this chapter shall be confidential and shall not be disclosed, except for official purposes, in accordance with judicial order or as otherwise provided by law. A commissioner or an employee of the commission who without authorization divulges confidential information shall be subject to disciplinary action by the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2316 - Small business participation

§ 2316. Small business participation.
(a) Requirement.--
Producers shall provide maximum practicable contracting opportunities for diverse small businesses, including minority-owned business enterprises, women-owned business enterprises and veteran-owned businesses.
(b) Duties.--
Producers shall do all of the following:
(1) Maintain a policy prohibiting discrimination in employment and contracting based on gender, race, creed or color.
(2) Use the database available on the Internet website of the Department of General Services to identify certified diverse small businesses, including minority-owned business enterprises, women-owned business enterprises and veteran-owned businesses, as potential contractors, subcontractors and suppliers for opportunities related to unconventional natural gas extraction.
(3) Respond to the survey under subsection (c) within 90 days.
(c) Survey.--
Within one year of the effective date of this section, the Department of General Services shall send all producers a survey to report the producers' efforts to provide maximum practicable contracting opportunities related to unconventional natural gas extraction for diverse, small business participation.
(d) Reports.--
The Department of General Services shall compile the results and submit an annual report to the State Government Committee of the Senate and the State Government Committee of the House of Representatives on the utilization of diverse small business participation related to unconventional natural gas extraction. The report shall be submitted no later than 150 days after the Department of General Services disseminated the survey to producers.
(e) Definition.--
As used in this section, the term "diverse small business" means minority-owned business, women-owned business and veteran-owned business as determined by the Department of General Services.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2317 - Applicability

§ 2317. Applicability.
The provisions of this chapter shall not negate or limit the responsibilities of any producer under this title, 74 Pa.C.S (relating to transportation) or 75 Pa.C.S. (relating to vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 23 - Unconventional Gas Well Fee › Section 2318 - Expiration

§ 2318. Expiration.
(a) Notice.--
The Secretary of the Commonwealth shall, upon the imposition of a severance tax on unconventional gas wells in this Commonwealth, submit for publication in the Pennsylvania Bulletin notice of the imposition.
(b) Date.--
This chapter shall expire on the date of the publication of the notice under subsection (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 25 - Oil and Gas Lease Fund › Section 2501 - Definitions

§ 2501. 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:
"Department."
The Department of Conservation and Natural Resources of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 25 - Oil and Gas Lease Fund › Section 2504 - Appropriation of money (Repealed)

§ 2504. Appropriation of money (Repealed).
2017 Repeal.
Section 2504 was repealed October 30, 2017, P.L.725, No.44, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 25 - Oil and Gas Lease Fund › Section 2505 - Funds (Repealed)

§ 2505. Funds (Repealed).
2017 Repeal.
Section 2505 was repealed October 30, 2017, P.L.725, No.44, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 27 - Natural Gas Energy Development Program (Expired) › Section 2701 - §2704 - (Expired)

2016 Expiration.
Chapter 27 (§§ 2701 - 2704) was added February 14, 2012, P.L.87, No.13, and expired December 31, 2016. See Act 13 of 2012.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 28 - Oil and Gas Well Plugging Oversight › Extra - Chapter Notes

Enactment.
Chapter 28 was added July 19, 2022, P.L.1622, No.96, effective immediately.
Cross References.
Subchapter C is referred to in section 2811 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 28 - Oil and Gas Well Plugging Oversight › Section 2802 - Definitions

§ 2802. 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:
"Department."
The Department of Environmental Protection of the Commonwealth.
"Eligible well."
An orphan well that meets the requirements under section 2823(b) (relating to eligible wells).
"Orphan well."
As defined in section 3203 (relating to definitions).
"Qualified well plugger."
A person that meets the requirements of section 2824 (relating to qualified well plugger).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 28 - Oil and Gas Well Plugging Oversight › Section 2811 - Requirements for use of Federal funding

§ 2811. Requirements for use of Federal funding.
(a) Requirements.--
Federal money from the Orphaned Well Site Plugging, Remediation and Restoration Program under section 40601 of the Infrastructure Investment and Jobs Act (Public Law 117-58, 135 Stat. 429) that is appropriated by the General Assembly shall be subject to the following:
(1) (Deleted by amendment).
(2) No less than 20% of the amount shall be made available for grants under Subchapter C (relating to Orphan Oil and Gas Well Plugging Grant Program) for a period of no less than 12 months after publication of the notice under section 2823(c) (relating to eligible wells).
(3) If any amount made available under paragraph (2) remains uncommitted six months prior to any date of recapture by the Federal Government, the department may use the amount in any other manner in accordance with Federal law and guidance.
(b) Records.--
The department shall keep records sufficient to document compliance with the requirements imposed under the Federal Orphaned Well Site Plugging, Remediation and Restoration Program and this title. The department may not impose requirements on the recipients of the Federal money under subsection (a)(2) that are stricter than the requirements imposed under State law or applicable Federal requirements when awarding grants under Subchapter C.
(Nov. 3, 2022, P.L.1987, No.136, eff. 60 days)
Cross References.
Section 2811 is referred to in section 2825 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 28 - Oil and Gas Well Plugging Oversight › Section 2821 - Establishment of program

§ 2821. Establishment of program.
The Orphan Oil and Gas Well Plugging Grant Program is established as a program within the department.
(Nov. 3, 2022, P.L.1987, No.136, eff. 60 days)