CSHB 439(STA): "An Act relating to the authority to take oaths, affirmations, and acknowledgments in the state, to notarizations, to verifications, to acknowledgments, to fees for issuing certificates with the seal of the state affixed, and to notaries public; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 439(STA) 01 "An Act relating to the authority to take oaths, affirmations, and acknowledgments in 02 the state, to notarizations, to verifications, to acknowledgments, to fees for issuing 03 certificates with the seal of the state affixed, and to notaries public; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.63.010 is amended to read: 07 Sec. 09.63.010. Oath, affirmation, and acknowledgment. The following 08 persons may take an oath, affirmation, or acknowledgment in the state: 09 (1) a justice, judge, or magistrate of a court of the State of Alaska or of 10 the United States; 11 (2) a clerk or deputy clerk of a court of the State of Alaska or of the 12 United States; 13 (3) a notary public; 14 (4) a United States postmaster;
01 (5) a commissioned officer under AS 09.63.050(4); [OR] 02 (6) a municipal clerk carrying out the clerk's duties under 03 AS 29.20.380; 04 (7) the lieutenant governor when carrying out the lieutenant 05 governor's duties under AS 24.05.160; 06 (8) the presiding officer of each legislative house when carrying 07 out the officer's duties under AS 24.05.170. 08 * Sec. 2. AS 09.63.030(c) is amended to read: 09 (c) If the document is sworn to or affirmed before a notary public of the state, 10 the notary public shall 11 (1) affix [ENDORSE AFTER THE SIGNATURE OF THE NOTARY 12 PUBLIC THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION; 13 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 14 the 15 (A) notary public's official signature and official seal; and 16 (B) date of expiration of the notary public's commission; 17 and 18 (2) [; (3)] comply with AS 44.50.060 - 44.50.064 and [AS 44.50.060 - 19 44.50.080 OR] other applicable law. 20 * Sec. 3. AS 09.63.040(d) is amended to read: 21 (d) If the verification is sworn to or affirmed before a notary public of the 22 state, the notary public shall 23 (1) affix [ENDORSE AFTER THE SIGNATURE OF THE NOTARY 24 PUBLIC THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION; 25 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 26 the 27 (A) notary public's official signature and official seal; and 28 (B) date of expiration of the notary public's commission; 29 and 30 (2) [; (3)] comply with AS 44.50.060 - 44.50.064 and [AS 44.50.060 - 31 44.50.080 OR] other applicable law.
01 * Sec. 4. AS 09.63.090 is amended to read: 02 Sec. 09.63.090. Certificate of acknowledgment. The words "acknowledged 03 before me" mean that 04 (1) the person acknowledging 05 (A) appeared before the person taking the acknowledgment; 06 (B) acknowledged that the person executed the instrument; 07 (C) in the case of 08 (i) a natural person, acknowledged that the person 09 executed the instrument for the purposes stated in it; 10 (ii) an officer or agent of a corporation, acknowledged 11 that the person held the position or title set out in the instrument and 12 certificate, acknowledge that the person signed the instrument on 13 behalf of the corporation by proper authority, and acknowledge that 14 the instrument was the act of the corporation for the purposes stated in 15 it; 16 (iii) a member or manager of a limited liability 17 company, acknowledged that the individual signed the instrument 18 on behalf of the limited liability company by proper authority and 19 executed the instrument as the act of the limited liability company 20 for the purposes stated in it; 21 (iv) a partner or agent of a partnership, limited 22 partnership, or limited liability partnership, acknowledged that the 23 person signed the instrument on behalf of the partnership by proper 24 authority and executed the instrument as the act of the partnership for 25 the purposes stated in it; 26 (v) [(iv)] a person acknowledging as a principal by an 27 attorney in fact, acknowledged that the person executed the instrument 28 by proper authority as the act of the principal for the purposes stated in 29 it; 30 (vi) [(v)] a person acknowledging as a public officer, 31 trustee, administrator, guardian, or other representative, acknowledged
01 that the person signed the instrument in the capacity and for the 02 purposes stated in it; and 03 (2) the person taking the acknowledgment either knew or had 04 satisfactory evidence that the person acknowledging is the person named in the 05 instrument or certificate. 06 * Sec. 5. AS 09.63.100 is amended to read: 07 Sec. 09.63.100. Forms of acknowledgment. (a) The forms of 08 acknowledgment set out in this subsection may be used and are sufficient for their 09 respective purposes under a law of the state. The authorization of the forms in this 10 section does not preclude the use of other forms. 11 (1) For an individual acting in the individual's own right: 12 State of ______________________________________ Judicial 13 District (or County of ________________________) 14 The foregoing instrument was acknowledged before me this 15 (date) by (name of person who acknowledged). 16 _______________________________ 17 Signature of Person Taking 18 Acknowledgment 19 _______________________________ 20 Title or Rank 21 _______________________________ 22 Serial Number, if any 23 (2) For a corporation: 24 State of ______________________________________ Judicial 25 District (or County of ________________________) 26 The foregoing instrument was acknowledged before me this 27 (date) by (name of officer or agent, title of officer or agent) of (name of 28 corporation acknowledging) a (state or place of incorporation) 29 corporation, on behalf of the corporation. 30 _______________________________ 31 Signature of Person Taking
01 Acknowledgment 02 _______________________________ 03 Title or Rank 04 _______________________________ 05 Serial Number, if any 06 (3) For a limited liability company: 07 State of _____________________________________ Judicial 08 District (or County of ________________________) 09 The foregoing instrument was acknowledged before me this 10 (date) by (name of member or manager), member (or manager) of 11 (name of limited liability company acknowledging) a (state or place 12 of organization) limited liability company, on behalf of the limited 13 liability company. 14 _______________________________ 15 Signature of Person Taking 16 Acknowledgment 17 _______________________________ 18 Member (or Manager) 19 _______________________________ 20 Serial Number, if any 21 (4) For a partnership: 22 State of ______________________________________ Judicial 23 District (or County of ________________________) 24 The foregoing instrument was acknowledged before me this 25 (date) by (name of acknowledging partner or agent), partner (or agent) 26 on behalf of (name of partnership), a (partnership, limited 27 partnership, or limited liability partnership). 28 _______________________________ 29 Signature of Person Taking 30 Acknowledgment 31 _______________________________
01 Title or Rank 02 _______________________________ 03 Serial Number, if any 04 (5) [(4)] For an individual acting as principal by an attorney in fact: 05 State of ______________________________________ Judicial 06 District (or County of ________________________) 07 The foregoing instrument was acknowledged before me this 08 (date) by (name of attorney in fact) as attorney in fact on behalf of 09 (name of principal). 10 _______________________________ 11 Signature of Person Taking 12 Acknowledgment 13 _______________________________ 14 Title or Rank 15 _______________________________ 16 Serial Number, if any 17 (6) [(5)] By a public officer, trustee, or personal representative: 18 State of ______________________________________ Judicial 19 District (or County of ________________________) 20 The foregoing instrument was acknowledged before me this 21 (date) by (name and title of position). 22 _______________________________ 23 Signature of Person Taking 24 Acknowledgment 25 _______________________________ 26 Title or Rank 27 _______________________________ 28 Serial Number, if any 29 (b) If a document is acknowledged before a notary public of the state, the 30 notary public shall 31 (1) affix [ENDORSE AFTER THE NOTARY'S SIGNATURE THE
01 DATE OF EXPIRATION OF THE NOTARY'S COMMISSION; 02 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 03 the 04 (A) notary public's official signature and official seal; and 05 (B) date of expiration of the notary public's commission; 06 and 07 (2) [; (3)] comply with AS 44.50.060 - 44.50.064 and [AS 44.50.060 - 08 44.50.080 OR] other law. 09 * Sec. 6. AS 44.19.024 is amended to read: 10 Sec. 44.19.024. Fees for issuing certificate. For issuing each certificate with 11 the seal of the state affixed, the lieutenant governor shall collect a fee of $5 for each 12 certificate [$2 FOR THE FIRST THREE FOLIOS OR LESS AND 20 CENTS PER 13 FOLIO FOR EACH ADDITIONAL FOLIO. THE LIEUTENANT GOVERNOR 14 SHALL ACCOUNT FOR THE FEES RECEIVED UNDER THIS SECTION AND 15 SHALL PAY THEM INTO THE STATE TREASURY]. 16 * Sec. 7. AS 44.50.010 is repealed and reenacted to read: 17 Sec. 44.50.010. Notary public commission; term. (a) The lieutenant 18 governor may commission for the state 19 (1) notaries public without limitation, who are authorized to use the 20 notary seal for all legal purposes; and 21 (2) limited governmental notaries public, who are state, municipal, or 22 federal employees authorized to use the notary seal only for official government 23 business. 24 (b) The term of a notary public commission is four years, except that the term 25 of a limited governmental notary public commission coincides with the term of 26 government employment. 27 (c) A person who is a state, municipal, or federal employee commissioned as a 28 limited governmental notary public may also be commissioned as a notary public 29 without limitation. 30 * Sec. 8. AS 44.50.020 is repealed and reenacted to read: 31 Sec. 44.50.020. Qualifications. To be commissioned as a notary public a
01 person 02 (1) shall submit an application under AS 44.50.032; 03 (2) shall be at least 18 years of age; 04 (3) shall have established residency in this state under AS 01.10.055; 05 (4) shall reside legally in the United States; 06 (5) may not have been incarcerated in a correctional facility for a 07 felony conviction within 10 years before the commission takes effect; 08 (6) may not have had a notary public commission revoked in this state 09 or another jurisdiction; 10 (7) may not have committed acts for which a notary public 11 commission may be denied or revoked under this chapter; and 12 (8) shall meet the other requirements in this chapter to be 13 commissioned as a notary public. 14 * Sec. 9. AS 44.50 is amended by adding new sections to read: 15 Sec. 44.50.032. Application. (a) A person applying for a commission as a 16 notary public shall submit a completed application as required by this section, using 17 the forms or format required by the lieutenant governor. 18 (b) A completed application for a commission under AS 44.50.010(a)(1) must 19 include 20 (1) an affirmation that the applicant meets the qualifications set out in 21 AS 44.50.020(2) - (7); 22 (2) the applicant's mailing and physical addresses, the applicant's 23 telephone number, if any, the applicant's employer or business, the physical address 24 and telephone number of the applicant's employer or business at the location where the 25 applicant works, and an electronic mailing address, if any, where the applicant can be 26 contacted; 27 (3) information concerning any denial, suspension, revocation, or 28 restriction of the applicant's commission as a notary public in this state or another 29 jurisdiction; that information must include 30 (A) identification of the jurisdiction; 31 (B) the date the jurisdiction issued the denial, suspension,
01 revocation, or restriction; 02 (C) the reasons for the denial, suspension, revocation, or 03 restriction; and 04 (D) information concerning final resolution of the matter; 05 (4) the applicant's notarized signature on the portion of the application 06 that contains the oath or affirmation required by AS 44.50.035; 07 (5) the fee required by AS 44.50.033; and 08 (6) the bond required by AS 44.50.034. 09 (c) A completed application for a commission under AS 44.50.010(a)(2) must 10 include 11 (1) a signed statement by the applicant's government employer that the 12 commission is needed for the purpose of conducting official government business; 13 (2) the applicant's mailing and physical addresses, the applicant's 14 telephone number, if any, the applicant's employer, the name, address, and telephone 15 number for the employer where the applicant works, and an electronic mailing 16 address, if any, where the applicant can be contacted; 17 (3) the affirmation, information, and signature required by (b)(1), (3), 18 and (4) of this section; and 19 (4) the fee required by AS 44.50.033. 20 Sec. 44.50.033. Application fee. A person applying for a commission as a 21 notary public shall pay a nonrefundable application fee of $40. However, an applicant 22 for a limited governmental notary public commission under AS 44.50.010(a)(2) who is 23 employed by the state may not be required to pay an application fee. 24 Sec. 44.50.034. Bond. (a) A person applying for a commission as a notary 25 public without limitation under AS 44.50.010(a)(1) shall execute an official bond of 26 $1,000 and submit the bond with the application under AS 44.50.032. The bond must 27 be for a term of four years from the date of commission. 28 (b) The lieutenant governor shall keep a bond submitted under this section for 29 10 years after the end of the term of the commission for which the bond was issued. 30 Disposition of the bond after the end of the commission does not affect the time for 31 commencing an action on the bond.
01 Sec. 44.50.035. Oath. The application required by the lieutenant governor 02 under AS 44.50.032 must contain an oath or affirmation, in the form set out in 03 AS 39.05.045, to be signed by the applicant. A signed oath or affirmation submitted 04 in an application under AS 44.50.032 takes effect on the date of the applicant's 05 commission as a notary public under this chapter. 06 Sec. 44.50.036. Denial of applications. The lieutenant governor shall deny 07 an application for a notary public commission if the 08 (1) applicant does not meet the requirements of this chapter; 09 (2) application is not complete or contains a material misstatement or 10 omission of fact relating to the requirements for a commission under this chapter; 11 (3) applicant has been incarcerated in a correctional facility for a 12 felony conviction within 10 years before the commission is to take effect; or 13 (4) applicant's commission as a notary public has been revoked in this 14 state for a reason set out in AS 44.50.067, or in another jurisdiction for a substantially 15 similar reason. 16 Sec. 44.50.037. Certificate of commission. Upon commission of a notary 17 public under this chapter, the lieutenant governor shall provide to the notary public a 18 certificate of commission indicating the commission and the dates of the term of the 19 commission. 20 Sec. 44.50.038. Subsequent commissions. A notary public whose term of 21 commission is ending may apply for a new notary public commission by submitting a 22 new application under AS 44.50.032 and complying with the requirements of this 23 chapter. The lieutenant governor's approval of a new application for a commission for 24 a notary public without limitation under AS 44.50.010(a)(1) terminates an applicant's 25 existing commission under that paragraph. 26 Sec. 44.50.039. Limited governmental notaries public. A state, municipal, 27 or federal employee commissioned as a notary public under AS 44.50.010(a)(2) 28 (1) is designated a limited governmental notary public; 29 (2) may perform notarial acts only in the conduct of official 30 government business; and 31 (3) may not charge or receive a fee or other consideration for notarial
01 services provided under this chapter. 02 * Sec. 10. AS 44.50.060 is amended to read: 03 Sec. 44.50.060. Duties. A notary public shall 04 (1) administer oaths and affirmations [WHEN REQUESTED, 05 DEMAND ACCEPTANCE AND PAYMENT OF FOREIGN AND INLAND BILLS 06 OF EXCHANGE, OR PROMISSORY NOTES, PROTEST THEM FOR 07 NONACCEPTANCE AND NONPAYMENT, AND EXERCISE THE OTHER 08 POWERS AND DUTIES THAT BY THE LAW OF NATIONS AND ACCORDING 09 TO COMMERCIAL USAGES, OR BY THE LAWS OF ANY OTHER STATE, 10 GOVERNMENT, OR COUNTRY, MAY BE PERFORMED BY NOTARIES]; 11 (2) take the acknowledgment of or proof of execution of [POWERS 12 OF ATTORNEY, MORTGAGES, DEEDS, GRANTS, TRANSFERS, AND OTHER] 13 instruments in [OF] writing, and give a notarial certificate of the proof or 14 acknowledgment, included in [ENDORSED ON] or attached to the instrument; the 15 notarial certificate shall be signed by the notary public in the notary public's 16 [NOTARY'S] own handwriting [; 17 (3) TAKE DEPOSITIONS AND AFFIDAVITS, AND ADMINISTER 18 OATHS AND AFFIRMATIONS, IN ALL MATTERS INCIDENT TO THE DUTIES 19 OF THE OFFICE, OR TO BE USED BEFORE A COURT, JUDGE, OFFICER, OR 20 BOARD IN THE STATE; A DEPOSITION, AFFIDAVIT, OATH, OR 21 AFFIRMATION SHALL BE SIGNED BY THE NOTARY IN THE NOTARY'S 22 OWN HANDWRITING, AND THE NOTARY SHALL ENDORSE AFTER THE 23 SIGNATURE THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION]. 24 * Sec. 11. AS 44.50 is amended by adding new sections to read: 25 Sec. 44.50.061. Prohibited acts. A notary public may not 26 (1) violate state or federal law in the performance of acts authorized by 27 this chapter; 28 (2) influence a person to enter into or avoid a transaction involving a 29 notarial act by the notary public; 30 (3) affix the notary public's signature or seal on a notarial certificate 31 that is incomplete;
01 (4) charge a fee for a notarial act unless a fee schedule has been 02 provided to the signer before the performance of the notarial act; 03 (5) affix the notary public's official seal to a document, unless the 04 person who is to sign the document 05 (A) appears and signs the document before the notary public or, 06 for an acknowledgment, appears and indicates to the notary public that the 07 person voluntarily affixed the person's signature on the document for the 08 purposes stated within the document; 09 (B) gives an oath or affirmation if required under law or if the 10 notarial certificate states that the document was signed under oath or 11 affirmation; and 12 (C) is personally known to the notary public, produces 13 government-issued identification containing the photograph and signature of 14 the person signing, or produces 15 (i) government-issued identification containing the 16 signature of the person signing, but without a photograph; and 17 (ii) another valid identification containing the 18 photograph and signature of the person signing; 19 (6) perform a notarial act if the notary public 20 (A) is a signer of or named in the document that is to be 21 notarized; or 22 (B) will receive directly from a transaction connected with the 23 notarial act a commission, fee, advantage, right, title, interest, cash, property, 24 or other consideration exceeding in value the normal fee charged by the notary 25 for the notarial act. 26 Sec. 44.50.062. Official signature. (a) When performing a notarization, a 27 notary public shall 28 (1) sign in the notary public's own handwriting, on the notarial 29 certificate, exactly and only the name indicated on the notary public's commission 30 certificate; a notary public may not sign through the use of a facsimile stamp or an 31 electronic or graphic printing method; and
01 (2) affix the official signature only at the time the notarial act is 02 performed. 03 (b) A notary public shall comply in a timely manner with a request by the 04 lieutenant governor to supply a current sample of the notary public's official signature. 05 Sec. 44.50.063. Official seal. (a) A notary public shall keep an official seal, 06 which is the exclusive property of the notary public, and shall ensure that another 07 person does not possess or use the official seal. 08 (b) A notary public's official seal 09 (1) must contain 10 (A) the notary public's name exactly as indicated on the notary 11 public's commission certificate; 12 (B) the words "Notary Public" and "State of Alaska"; and 13 (2) may be a circular form not over two inches in diameter or may be a 14 rectangular form not more than one inch in width by two and one-half inches in 15 length. 16 (c) When not in use, a notary public's official seal shall be kept in a secure 17 area under the exclusive control of the notary public. 18 (d) Within 10 days after a notary public's official seal is stolen or lost, the 19 notary public shall provide the lieutenant governor with written notification of the 20 theft or loss. 21 (e) In order to avoid misuse, a notary public's official seal shall be destroyed 22 or defaced 23 (1) upon the notary public's resignation or death; 24 (2) upon the revocation or termination by the lieutenant governor of 25 the notary public's commission; or 26 (3) when the notary public's term of commission ends if the notary 27 public has not received a new commission under this chapter. 28 Sec. 44.50.064. Seal impression or depiction. (a) A sharp, legible, 29 photographically reproducible impression or depiction of a notary public's official seal 30 shall be affixed 31 (1) on the notarial certificate of each paper document notarized, near
01 the notary public's official signature; and 02 (2) only at the time the notarial act is performed. 03 (b) Illegible information within a seal impression or depiction may be typed or 04 printed legibly by the notary public adjacent to, but not within, the impression or 05 depiction. 06 (c) An embossed seal impression that is not photographically reproducible 07 may be used in addition to, but not in place of, the seal impression or depiction 08 required by (a) of this section. 09 Sec. 44.50.065. Notary public's status notification. (a) Within 30 days after 10 change of a notary public's name, mailing address, or physical address, the notary 11 public shall, on a form provided by the lieutenant governor, submit written notification 12 of the change, signed by the notary public. 13 (b) The lieutenant governor may require limited governmental notaries public 14 commissioned under AS 44.50.010(a)(2) who change departmental or agency 15 employers to submit written notification of the change on a form provided by the 16 lieutenant governor. 17 (c) A notary public commissioned under AS 44.50.010(a)(1) reporting a name 18 change shall submit to the lieutenant governor payment of the fee under AS 44.19.024 19 for the issuance of a replacement certificate of commission. 20 (d) A notary public reporting a name change under (a) and (c) of this section 21 shall use the person's former name for the performance of notarial acts until the person 22 has 23 (1) provided written notification of the name change to the surety for 24 any bond required under AS 44.50.034; 25 (2) received a replacement certificate of commission reflecting the 26 name change from the lieutenant governor; and 27 (3) obtained a new seal reflecting the name change. 28 (e) The lieutenant governor may require a notary public to update the 29 information required under AS 44.50.032, including the notary public's current 30 notarized signature. 31 Sec. 44.50.066. Resignation. (a) To resign a commission, a notary public
01 shall notify the lieutenant governor in writing of the resignation and the date that it is 02 effective. The notary public shall sign the notification. 03 (b) A notary public who does not any longer meet the requirements of this 04 chapter to be a notary public shall immediately resign the commission. 05 Sec. 44.50.067. Disciplinary action. The lieutenant governor may suspend or 06 revoke a notary public's commission or reprimand a notary public for good cause 07 shown, including 08 (1) a ground on which an application for a commission may be denied; 09 (2) failure to comply with this chapter; and 10 (3) incompetence or malfeasance in carrying out the notary public's 11 duties under this chapter. 12 Sec. 44.50.068. Complaint; hearing; appeal. (a) A person harmed by the 13 actions of a notary public may file a complaint with the lieutenant governor. The 14 complaint shall be filed on a form prescribed by the lieutenant governor and shall be 15 signed and verified by the person alleging misconduct by the notary public. 16 (b) If the lieutenant governor determines that the allegations in the complaint 17 do not warrant formal disciplinary action, the lieutenant governor may decline to act 18 on the complaint or may advise the notary public of the appropriate conduct and the 19 applicable statutes and regulations governing the conduct. The lieutenant governor 20 shall notify the notary public and the complainant of the determination in writing. 21 (c) If the lieutenant governor determines that the complaint alleges sufficient 22 facts to constitute good cause for disciplinary action, the lieutenant governor shall 23 serve the notary public with a copy of the complaint as provided in Rule 4, Alaska 24 Rules of Civil Procedure. The notary public may file a written response to the 25 complaint with the lieutenant governor within 20 days after receipt of the complaint. 26 The lieutenant governor may extend the time for the notary public's response. The 27 lieutenant governor shall provide a copy of the notary public's response to the 28 complainant. 29 (d) The lieutenant governor shall review the complaint and the response to 30 determine whether formal disciplinary action may be warranted. The lieutenant 31 governor may determine that the allegations in the complaint do not warrant formal
01 disciplinary action, in which case the lieutenant governor may determine not to take 02 further action on the complaint or may determine to advise the notary public of the 03 appropriate conduct and the applicable statutes and regulations governing the conduct. 04 If the lieutenant governor determines that formal disciplinary action is not warranted, 05 the lieutenant governor shall provide the complainant and the notary public with a 06 written statement of the basis for the determination. 07 (e) If the lieutenant governor finds that formal disciplinary action may be 08 warranted, the lieutenant governor may 09 (1) hear the case and issue a decision; or 10 (2) appoint a hearing officer to hear the case and provide a 11 recommended decision, including recommended disciplinary action. 12 (f) If a hearing officer is appointed, the lieutenant governor may 13 (1) adopt the hearing officer's recommended decision in its entirety; 14 (2) adopt portions of the recommended decision and modify the 15 recommended disciplinary action; 16 (3) decide the case upon the record created at the hearing; or 17 (4) refer the case to the same or another hearing officer to take 18 additional evidence and issue a new recommended decision, including, if appropriate, 19 new recommended disciplinary action based upon the record from the hearing and the 20 additional evidence. 21 (g) The lieutenant governor may delegate the powers under AS 44.50.067 and 22 this section. 23 (h) An appeal from a decision of the lieutenant governor under this section 24 shall be in accordance with the procedures set out in AS 44.62 (Administrative 25 Procedure Act). 26 Sec. 44.50.069. Handbook. The lieutenant governor may produce a 27 handbook for commissioned notaries public on the Internet and shall, upon request, 28 distribute the handbook to each person who is commissioned a notary public under 29 this chapter. The handbook must contain a summary of the provisions of this chapter 30 and the regulations adopted under this chapter. 31 * Sec. 12. AS 44.50 is amended by adding new sections to read:
01 Sec. 44.50.071. Confidentiality. (a) An address, telephone number, and 02 electronic mail address of a notary public or an applicant that is submitted under 03 AS 44.50.032 or 44.50.038 and that is designated by the notary public or applicant as 04 confidential shall be kept confidential. However, a notary public shall provide a 05 nonconfidential address and telephone number at which the notary public can be 06 contacted. 07 (b) Compilations and data bases of those addresses, telephone numbers, and 08 electronic mail addresses of notaries public that are confidential under (a) of this 09 section shall be kept confidential, except that the lieutenant governor may disclose 10 compilations and data bases if the lieutenant governor determines that disclosure is in 11 the public interest. 12 (c) A complaint filed under AS 44.50.068 shall be kept confidential unless the 13 lieutenant governor determines under AS 44.50.068(c) that the complaint alleges 14 sufficient facts to constitute good cause for disciplinary action. 15 Sec. 44.50.072. Regulations. The lieutenant governor may adopt regulations 16 under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this 17 chapter. 18 * Sec. 13. AS 44.50 is amended by adding a new section to read: 19 Sec. 44.50.200. Definitions. In this chapter, unless the context otherwise 20 requires, 21 (1) "notarial act" means any act that a notary public is authorized to 22 perform under AS 09.63.120 or AS 44.50.060; 23 (2) "notary public" means a person commissioned to perform notarial 24 acts under this chapter. 25 * Sec. 14. AS 44.50.030, 44.50.040, 44.50.070, 44.50.080, 44.50.090, 44.50.100, 26 44.50.110, 44.50.120, 44.50.130, 44.50.140, 44.50.170, 44.50.180(c), and 44.50.190 are 27 repealed. 28 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. (a) AS 44.50.010, repealed and reenacted by sec. 7 of this Act, 31 and AS 44.50.032, 44.50.033, 44.50.035, 44.50.036, 44.50.037, and 44.50.039, enacted by
01 sec. 9 of this Act, do not apply to a notary public whose commission is in effect on the day 02 before the effective date of secs. 1 - 14 of this Act until the notary public's term of office 03 expires under former AS 44.50.030, the notary public resigns under AS 44.50.066, enacted by 04 sec. 11 of this Act, or the notary public's commission is revoked under AS 44.50.067, enacted 05 by sec. 11 of this Act. 06 (b) Notwithstanding (a) of this section, if a notary public whose commission is in 07 effect on the day before the effective date of secs. 1 - 14 of this Act has been incarcerated in a 08 correctional facility for a felony conviction within 10 years before the notary public's term of 09 office expires under former AS 44.50.030, the lieutenant governor may take an action under 10 AS 44.50.067, enacted by sec. 11 of the Act, against the notary public. 11 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION: REGULATIONS. The lieutenant governor may proceed to adopt 14 regulations necessary to implement the changes made by this Act. The regulations take effect 15 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 16 respective statutory change. 17 * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 18 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect July 1, 2004.