CSSB 302(FIN): "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 SENATE BILL NO. 302(FIN) 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, the person signed the instrument on behalf of the 13 corporation by proper authority, and the instrument was the act of the 14 corporation for the purposes stated in it; 15 (iii) a member or manager of a limited liability 16 company, acknowledged that the individual signed the instrument 17 on behalf of the limited liability company by proper authority and 18 executed the instrument as the act of the limited liability company 19 for the purposes stated in it; 20 (iv) a partner or agent of a partnership, limited 21 partnership, or limited liability partnership, acknowledged that the 22 person signed the instrument on behalf of the partnership by proper 23 authority and executed the instrument as the act of the partnership for 24 the purposes stated in it; 25 (v) [(iv)] a person acknowledging as a principal by an 26 attorney in fact, acknowledged that the person executed the instrument 27 by proper authority as the act of the principal for the purposes stated in 28 it; 29 (vi) [(v)] a person acknowledging as a public officer, 30 trustee, administrator, guardian, or other representative, acknowledged 31 that the person signed the instrument in the capacity and for the
01 purposes stated in it; and 02 (2) the person taking the acknowledgment either knew or had 03 satisfactory evidence that the person acknowledging is the person named in the 04 instrument or certificate. 05 * Sec. 5. AS 09.63.100 is amended to read: 06 Sec. 09.63.100. Forms of acknowledgment. (a) The forms of 07 acknowledgment set out in this subsection may be used and are sufficient for their 08 respective purposes under a law of the state. The authorization of the forms in this 09 section does not preclude the use of other forms. 10 (1) For an individual acting in the individual's own right: 11 State of ______________________________________ Judicial 12 District (or County of ________________________) 13 The foregoing instrument was acknowledged before me this 14 (date) by (name of person who acknowledged). 15 _______________________________ 16 Signature of Person Taking 17 Acknowledgment 18 _______________________________ 19 Title or Rank 20 _______________________________ 21 Serial Number, if any 22 (2) For a corporation: 23 State of ______________________________________ Judicial 24 District (or County of ________________________) 25 The foregoing instrument was acknowledged before me this 26 (date) by (name of officer or agent, title of officer or agent) of (name of 27 corporation acknowledging) a (state or place of incorporation) 28 corporation, on behalf of the corporation. 29 _______________________________ 30 Signature of Person Taking 31 Acknowledgment
01 _______________________________ 02 Title or Rank 03 _______________________________ 04 Serial Number, if any 05 (3) For a limited liability company: 06 State of _____________________________________ Judicial 07 District (or County of ________________________) 08 The foregoing instrument was acknowledged before me this 09 (date) by (name of member or manager), member (or manager) of 10 (name of limited liability company acknowledging) a (state or place 11 of organization) limited liability company, on behalf of the limited 12 liability company. 13 _______________________________ 14 Signature of Person Taking 15 Acknowledgment 16 _______________________________ 17 Member (or Manager) 18 _______________________________ 19 Serial Number, if any 20 (4) For a partnership: 21 State of ______________________________________ Judicial 22 District (or County of ________________________) 23 The foregoing instrument was acknowledged before me this 24 (date) by (name of acknowledging partner or agent), partner (or agent) 25 on behalf of (name of partnership), a (partnership, limited 26 partnership, or limited liability partnership). 27 _______________________________ 28 Signature of Person Taking 29 Acknowledgment 30 _______________________________ 31 Title or Rank
01 _______________________________ 02 Serial Number, if any 03 (5) [(4)] For an individual acting as principal by an attorney in fact: 04 State of ______________________________________ Judicial 05 District (or County of ________________________) 06 The foregoing instrument was acknowledged before me this 07 (date) by (name of attorney in fact) as attorney in fact on behalf of 08 (name of principal). 09 _______________________________ 10 Signature of Person Taking 11 Acknowledgment 12 _______________________________ 13 Title or Rank 14 _______________________________ 15 Serial Number, if any 16 (6) [(5)] By a public officer, trustee, or personal representative: 17 State of ______________________________________ Judicial 18 District (or County of ________________________) 19 The foregoing instrument was acknowledged before me this 20 (date) by (name and title of position). 21 _______________________________ 22 Signature of Person Taking 23 Acknowledgment 24 _______________________________ 25 Title or Rank 26 _______________________________ 27 Serial Number, if any 28 (b) If a document is acknowledged before a notary public of the state, the 29 notary public shall 30 (1) affix [ENDORSE AFTER THE NOTARY'S SIGNATURE THE 31 DATE OF EXPIRATION OF THE NOTARY'S COMMISSION;
01 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 02 the 03 (A) notary public's official signature and official seal; and 04 (B) date of expiration of the notary public's commission; 05 and 06 (2) [; (3)] comply with AS 44.50.060 - 44.50.064 and [AS 44.50.060 - 07 44.50.080 OR] other law. 08 * Sec. 6. AS 44.19.024 is amended to read: 09 Sec. 44.19.024. Fees for issuing certificate. For issuing each certificate with 10 the seal of the state affixed, the lieutenant governor shall collect a fee of $5 for each 11 certificate [$2 FOR THE FIRST THREE FOLIOS OR LESS AND 20 CENTS PER 12 FOLIO FOR EACH ADDITIONAL FOLIO]. The lieutenant governor shall account 13 for the fees received under this section and shall deposit [PAY] them into the state 14 treasury. 15 * Sec. 7. AS 44.50.010 is repealed and reenacted to read: 16 Sec. 44.50.010. Notary public commission; term. (a) The lieutenant 17 governor may commission for the state 18 (1) notaries public without limitation, who are authorized to use the 19 notary seal for all legal purposes; and 20 (2) limited governmental notaries public, who are state, municipal, or 21 federal employees authorized to use the notary seal only for official government 22 business. 23 (b) The term of a notary public commission is four years, except that the term 24 of a limited governmental notary public commission coincides with the term of 25 government employment. 26 (c) A person who is a state, municipal, or federal employee commissioned as a 27 limited governmental notary public may also be commissioned as a notary public 28 without limitation. 29 * Sec. 8. AS 44.50.020 is repealed and reenacted to read: 30 Sec. 44.50.020. Qualifications. To be commissioned as a notary public a 31 person
01 (1) shall submit an application under AS 44.50.031; 02 (2) shall be at least 18 years of age; 03 (3) shall have established residency in this state under AS 01.10.055; 04 (4) shall reside legally in the United States; 05 (5) may not have been incarcerated in a correctional facility for a 06 felony conviction within 10 years before the commission takes effect; 07 (6) may not have had a notary public commission revoked in this state 08 or another jurisdiction; 09 (7) may not have committed acts for which a notary public 10 commission may be denied or revoked under this chapter; and 11 (8) shall meet the other requirements in this chapter to be 12 commissioned as a notary public. 13 * Sec. 9. AS 44.50 is amended by adding new sections to read: 14 Sec. 44.50.031. Application. (a) A person applying for a commission as a 15 notary public shall submit a completed application as required by this section, using 16 the forms or format required by the lieutenant governor. 17 (b) A completed application for a commission under AS 44.50.010(a)(1) must 18 include 19 (1) an affirmation that the applicant meets the qualifications set out in 20 AS 44.50.020(2) - (7); 21 (2) the applicant's mailing and physical addresses, the applicant's 22 telephone number, if any, the applicant's employer or business, the physical address 23 and telephone number of the applicant's employer or business at the location where the 24 applicant works, and an electronic mailing address, if any, where the applicant can be 25 contacted; 26 (3) information concerning any denial, suspension, revocation, or 27 restriction of the applicant's commission as a notary public in this state or another 28 jurisdiction; that information must include 29 (A) identification of the jurisdiction; 30 (B) the date the jurisdiction issued the denial, suspension, 31 revocation, or restriction;
01 (C) the reasons for the denial, suspension, revocation, or 02 restriction; and 03 (D) information concerning final resolution of the matter; 04 (4) the applicant's notarized signature on the portion of the application 05 that contains the oath or affirmation required by AS 44.50.035; 06 (5) the fee required by AS 44.50.033; and 07 (6) the bond required by AS 44.50.034. 08 (c) A completed application for a commission under AS 44.50.010(a)(2) must 09 include 10 (1) a signed statement by the applicant's government employer that the 11 commission is needed for the purpose of conducting official government business; 12 (2) the applicant's mailing and physical addresses, the applicant's 13 telephone number, if any, and employer, the name, address, and telephone number for 14 the employer where the applicant works, and an electronic mailing address, if any, 15 where the applicant can be contacted; 16 (3) the affirmation, information, and signature required by (b)(1), (3), 17 and (4) of this section; and 18 (4) the fee required by AS 44.50.033. 19 Sec. 44.50.033. Application fee. A person applying for a commission as a 20 notary public shall pay a nonrefundable application fee of $40. However, an applicant 21 for a limited governmental notary public commission under AS 44.50.010(a)(2) who is 22 employed by the state may not be required to pay an application fee. 23 Sec. 44.50.034. Bond. (a) A person applying for a commission as a notary 24 public without limitation under AS 44.50.010(a)(1) shall execute an official bond of 25 $1,000 and submit the bond with the application under AS 44.50.031. The bond must 26 be for a term of four years beginning with the date of commission as a notary public. 27 (b) The lieutenant governor shall keep a bond submitted under this section for 28 two years after the end of the term of the commission for which the bond was issued. 29 Disposition of the bond after the end of the commission does not affect the time for 30 starting an action on the bond. 31 Sec. 44.50.035. Oath. The application required by the lieutenant governor
01 under AS 44.50.031 must contain an oath or affirmation, in the form set out in 02 AS 39.05.045, to be signed by the applicant. A signed oath or affirmation submitted 03 in an application under AS 44.50.031 takes effect on the date of the applicant's 04 commission as a notary public under this chapter. 05 Sec. 44.50.036. Denial of applications. The lieutenant governor shall deny 06 an application for a notary public commission if the 07 (1) applicant does not meet the requirements of this chapter; 08 (2) application is not complete or contains a material misstatement or 09 omission of fact relating to the requirements for a commission under this chapter; 10 (3) applicant has been incarcerated in a correctional facility for a 11 felony conviction within 10 years before the commission is to take effect; or 12 (4) applicant's commission as a notary public has been revoked in this 13 state for a reason set out in AS 44.50.067, or in another jurisdiction for a substantially 14 similar reason. 15 Sec. 44.50.037. Certificate of commission. Upon commission of a notary 16 public under this chapter, the lieutenant governor shall provide to the notary public a 17 certificate of commission indicating the commission and the dates of the term of the 18 commission. 19 Sec. 44.50.038. Subsequent commissions. A notary public whose term of 20 commission is ending may apply for a new notary public commission by submitting a 21 new application under AS 44.50.031 and complying with the requirements of this 22 chapter. The lieutenant governor's approval of a new application for a commission for 23 a notary public without limitation under AS 44.50.010(a)(1) terminates an applicant's 24 existing commission under that paragraph. 25 Sec. 44.50.039. Limited governmental notaries public. A state, municipal, 26 or federal employee commissioned as a notary public under AS 44.50.010(a)(2) 27 (1) is designated a limited governmental notary public; 28 (2) may perform notarial acts only in the conduct of official 29 government business; and 30 (3) may not charge or receive a fee or other consideration for notarial 31 services provided under this chapter.
01 * Sec. 10. AS 44.50.060 is amended to read: 02 Sec. 44.50.060. Duties. A notary public shall 03 (1) administer oaths and affirmations [WHEN REQUESTED, 04 DEMAND ACCEPTANCE AND PAYMENT OF FOREIGN AND INLAND BILLS 05 OF EXCHANGE, OR PROMISSORY NOTES, PROTEST THEM FOR 06 NONACCEPTANCE AND NONPAYMENT, AND EXERCISE THE OTHER 07 POWERS AND DUTIES THAT BY THE LAW OF NATIONS AND ACCORDING 08 TO COMMERCIAL USAGES, OR BY THE LAWS OF ANY OTHER STATE, 09 GOVERNMENT, OR COUNTRY, MAY BE PERFORMED BY NOTARIES]; 10 (2) take the acknowledgment of or proof of execution of [POWERS 11 OF ATTORNEY, MORTGAGES, DEEDS, GRANTS, TRANSFERS, AND OTHER] 12 instruments of writing, and give a notarial certificate of the proof or acknowledgment, 13 included in [ENDORSED ON] or attached to the instrument; the notarial certificate 14 shall be signed by the notary public in the notary public's [NOTARY'S] own 15 handwriting [; 16 (3) TAKE DEPOSITIONS AND AFFIDAVITS, AND ADMINISTER 17 OATHS AND AFFIRMATIONS, IN ALL MATTERS INCIDENT TO THE DUTIES 18 OF THE OFFICE, OR TO BE USED BEFORE A COURT, JUDGE, OFFICER, OR 19 BOARD IN THE STATE; A DEPOSITION, AFFIDAVIT, OATH, OR 20 AFFIRMATION SHALL BE SIGNED BY THE NOTARY IN THE NOTARY'S 21 OWN HANDWRITING, AND THE NOTARY SHALL ENDORSE AFTER THE 22 SIGNATURE THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION]. 23 * Sec. 11. AS 44.50 is amended by adding new sections to read: 24 Sec. 44.50.061. Prohibited acts. A notary public may not 25 (1) violate state or federal law in the performance of acts authorized by 26 this chapter; 27 (2) influence a person to enter into or avoid a transaction involving a 28 notarial act by the notary public; 29 (3) affix the notary public's signature or seal on a notarial certificate 30 that is incomplete; 31 (4) charge a fee for a notarial act unless a fee schedule has been
01 provided to the signer before the performance of the notarial act; 02 (5) affix the notary public's official seal to a document, unless the 03 person who is to sign the document 04 (A) appears and signs the document before the notary public or, 05 for an acknowledgment, appears and indicates to the notary public that the 06 person voluntarily affixed the person's signature on the document for the 07 purposes stated within the document; 08 (B) gives an oath or affirmation if required under law or if the 09 notarial certificate states that the document was signed under oath or 10 affirmation; and 11 (C) is personally known to the notary public, produces 12 government-issued identification containing the photograph and signature of 13 the person signing, or produces 14 (i) government-issued identification containing the 15 signature of the person signing, but without a photograph; and 16 (ii) another valid identification containing the 17 photograph and signature of the person signing; 18 (6) perform a notarial act if the notary public 19 (A) is a signer of or named in the document that is to be 20 notarized; or 21 (B) will receive directly from a transaction connected with the 22 notarial act a commission, fee, advantage, right, title, interest, cash, property, 23 or other consideration exceeding in value the normal fee charged by the notary 24 for the notarial act. 25 Sec. 44.50.062. Official signature. (a) When performing a notarization, a 26 notary public shall 27 (1) sign in the notary public's own handwriting, on the notarial 28 certificate, exactly and only the name indicated on the notary public's commission 29 certificate; a notary public may not sign through the use of a facsimile stamp or an 30 electronic or graphic printing method; and 31 (2) affix the official signature only at the time the notarial act is
01 performed. 02 (b) A notary public shall comply in a timely manner with a request by the 03 lieutenant governor to supply a current sample of the notary public's official signature. 04 Sec. 44.50.063. Official seal. (a) A notary public shall keep an official seal, 05 which is the exclusive property of the notary public, and shall ensure that another 06 person does not possess or use the official seal. 07 (b) A notary public's official seal 08 (1) must contain 09 (A) the notary public's name exactly as indicated on the notary 10 public's commission certificate; 11 (B) the words "Notary Public" and "State of Alaska"; and 12 (2) may be a circular form not over two inches in diameter or may be a 13 rectangular form not more than one inch in width by two and one-half inches in 14 length. 15 (c) When not in use, a notary public's official seal shall be kept in a secure 16 area under the exclusive control of the notary public. 17 (d) Within 10 days after a notary public's official seal is stolen or lost, the 18 notary public shall provide the lieutenant governor with written notification of the 19 theft or loss. 20 (e) In order to avoid misuse, a notary public's official seal shall be destroyed 21 or defaced 22 (1) upon the notary public's resignation or death; 23 (2) upon the revocation or termination by the lieutenant governor of 24 the notary public's commission; or 25 (3) when the notary public's term of commission ends if the notary 26 public has not received a new commission under this chapter. 27 Sec. 44.50.064. Seal impression or depiction. (a) A sharp, legible, 28 photographically reproducible impression or depiction of a notary public's official seal 29 shall be affixed 30 (1) on the notarial certificate of each paper document notarized, near 31 the notary public's official signature; and
01 (2) only at the time the notarial act is performed. 02 (b) Illegible information within a seal impression or depiction may be typed or 03 printed legibly by the notary public adjacent to, but not within, the impression or 04 depiction. 05 (c) An embossed seal impression that is not photographically reproducible 06 may be used in addition to, but not in place of, the seal impression or depiction 07 required by (a) of this section. 08 Sec. 44.50.065. Notary public's status notification. (a) Within 10 days after 09 change of a notary public's name, mailing address, or physical address, the notary 10 public shall, on a form provided by the lieutenant governor, submit written notification 11 of the change, signed by the notary public. 12 (b) The lieutenant governor may require limited governmental notaries public 13 commissioned under AS 44.50.010(a)(2) who change departmental or agency 14 employers to submit written notification of the change on a form provided by the 15 lieutenant governor. 16 (c) A notary public commissioned under AS 44.50.010(a)(1) reporting a name 17 change shall submit to the lieutenant governor payment of the fee under AS 44.19.024 18 for the issuance of a replacement certificate of commission. 19 (d) A notary public reporting a name change under (a) and (c) of this section 20 shall use the person's former name for the performance of notarial acts until the person 21 has 22 (1) provided written notification of the name change to the surety for 23 any bond required under AS 44.50.034; 24 (2) received a replacement certificate of commission reflecting the 25 name change from the lieutenant governor; and 26 (3) obtained a new seal reflecting the name change. 27 (e) The lieutenant governor may require a notary public to update the 28 information required under AS 44.50.031, including the notary public's current 29 notarized signature. 30 Sec. 44.50.066. Resignation. (a) To resign a commission, a notary public 31 shall notify the lieutenant governor in writing of the resignation and the date that it is
01 effective. The notary public shall sign the notification. 02 (b) A notary public who does not any longer meet the requirements of this 03 chapter to be a notary public shall immediately resign the commission. 04 Sec. 44.50.067. Disciplinary action. The lieutenant governor may suspend or 05 revoke a notary public's commission or reprimand a notary public for good cause 06 shown, including 07 (1) a ground on which an application for a commission may be denied; 08 (2) failure to comply with this chapter; and 09 (3) incompetence or misfeasance in carrying out the notary public's 10 duties under this chapter. 11 Sec. 44.50.068. Complaint; hearing; appeal. (a) A person harmed by the 12 actions of a notary public may file a complaint with the lieutenant governor. The 13 complaint shall be filed on a form prescribed by the lieutenant governor and shall be 14 signed and verified by the person alleging misconduct on the part of the notary public. 15 (b) If the lieutenant governor determines that the allegations in the complaint 16 do not warrant formal disciplinary action, the lieutenant governor may decline to act 17 on the complaint or may advise the notary public of the appropriate conduct and the 18 applicable statutes and regulations governing the conduct. The lieutenant governor 19 shall notify the complainant of the determination. 20 (c) If the lieutenant governor determines that the complaint alleges sufficient 21 facts to constitute good cause for disciplinary action, the lieutenant governor shall 22 notify the notary public of the filing of the complaint and send a copy of the complaint 23 to the notary public. The notary public shall submit a written response to the 24 complaint to the lieutenant governor within 20 days after the lieutenant governor sends 25 the complaint. The lieutenant governor may extend the time for a notary public's 26 response by up to 20 additional days. The lieutenant governor shall provide a copy of 27 the notary public's response to the complainant. 28 (d) The lieutenant governor shall review the complaint and the response to 29 determine whether formal disciplinary action may be warranted. The lieutenant 30 governor may determine that the allegations in the complaint do not warrant formal 31 disciplinary action, in which case the lieutenant governor may determine not to take
01 further action on the complaint or may determine to advise the notary public of the 02 appropriate conduct and the applicable statutes and regulations governing the conduct. 03 If the lieutenant governor determines that formal disciplinary action is not warranted, 04 the lieutenant governor shall provide the complainant and the notary public with a 05 written statement of the basis for the determination. 06 (e) If the lieutenant governor finds that formal disciplinary action may be 07 warranted, the lieutenant governor shall appoint an independent hearing officer to 08 consider the complaint and the response, to provide the complainant and the notary 09 public with an opportunity for a telephonic or in-person hearing before the hearing 10 officer within a reasonable time after a hearing is requested, and to provide to the 11 lieutenant governor a proposed decision, including proposed disciplinary action. The 12 lieutenant governor may 13 (1) adopt the hearing officer's proposed decision in its entirety; 14 (2) adopt portions of the proposed decision and modify the proposed 15 disciplinary action; 16 (3) decide the case upon the record generated from the hearing; or 17 (4) refer the case to the same or another hearing officer to take 18 additional evidence and decide the case upon the record generated from the hearing 19 and the additional evidence. 20 (f) The lieutenant governor may delegate the powers under AS 44.50.067 and 21 this section. 22 (g) An appeal from a decision of the lieutenant governor under this section 23 shall be in accordance with the procedures set out in AS 44.62 (Administrative 24 Procedure Act). 25 * Sec. 12. AS 44.50.068 is repealed and reenacted to read: 26 Sec. 44.50.068. Complaint; hearing; appeal. (a) A person harmed by the 27 actions of a notary public may file a complaint with the lieutenant governor. The 28 complaint shall be filed on a form prescribed by the lieutenant governor and shall be 29 signed and verified by the person alleging misconduct on the part of the notary public. 30 (b) If the lieutenant governor determines that the allegations in the complaint 31 do not warrant formal disciplinary action, the lieutenant governor may decline to act
01 on the complaint or may advise the notary public of the appropriate conduct and the 02 applicable statutes and regulations governing the conduct. The lieutenant governor 03 shall notify the complainant of the determination. 04 (c) If the lieutenant governor determines that the complaint alleges sufficient 05 facts to constitute good cause for disciplinary action, the lieutenant governor shall 06 notify the notary public of the filing of the complaint and send a copy of the complaint 07 to the notary public. The notary public shall submit a written response to the 08 complaint to the lieutenant governor within 20 days after the lieutenant governor sends 09 the complaint. The lieutenant governor may extend the time for a notary public's 10 response by up to 20 additional days. The lieutenant governor shall provide a copy of 11 the notary public's response to the complainant. 12 (d) The lieutenant governor shall review the complaint and the response to 13 determine whether formal disciplinary action may be warranted. The lieutenant 14 governor may determine that the allegations in the complaint do not warrant formal 15 disciplinary action, in which case the lieutenant governor may determine not to take 16 further action on the complaint or may determine to advise the notary public of the 17 appropriate conduct and the applicable statutes and regulations governing the conduct. 18 If the lieutenant governor determines that formal disciplinary action is not warranted, 19 the lieutenant governor shall provide the complainant and the notary public with a 20 written statement of the basis for the determination. 21 (e) If the lieutenant governor finds that formal disciplinary action may be 22 warranted, the lieutenant governor shall refer the matter to the office of administrative 23 hearings for a hearing. 24 (f) The lieutenant governor may delegate the powers under AS 44.50.067 and 25 this section. 26 (g) An appeal from a decision of the lieutenant governor under this section 27 shall be in accordance with the procedures set out in AS 44.62 (Administrative 28 Procedure Act). 29 * Sec. 13. AS 44.50 is amended by adding a new section to read: 30 Sec. 44.50.069. Regulations. The lieutenant governor may adopt regulations 31 under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this
01 chapter. 02 * Sec. 14. AS 44.50 is amended by adding a new section to read: 03 Sec. 44.50.071. Confidentiality. (a) An address, telephone number, and 04 electronic mail address of a notary public or an applicant that is submitted under 05 AS 44.50.031 or 44.50.038 and that is designated by the notary public or applicant as 06 personal and confidential shall be kept confidential. However, a notary public shall 07 provide a nonconfidential address and telephone number at which the notary public 08 can be contacted. 09 (b) Compilations and data bases of those addresses, telephone numbers, and 10 electronic mail addresses of notaries public that are confidential under (a) of this 11 section shall be kept confidential, except that the lieutenant governor may disclose 12 compilations and data bases if the lieutenant governor determines that disclosure is in 13 the public interest. 14 (c) A complaint filed under AS 44.50.068 shall be kept confidential unless the 15 lieutenant governor determines under AS 44.50.068(c) that the complaint alleges 16 sufficient facts to constitute good cause for disciplinary action. 17 * Sec. 15. AS 44.50 is amended by adding a new section to read: 18 Sec. 44.50.200. Definitions. In this chapter, unless the context otherwise 19 requires, 20 (1) "notarial act" means any act that a notary public is authorized to 21 perform under AS 09.63.120 or AS 44.50.060; 22 (2) "notary public" means a person commissioned to perform notarial 23 acts under this chapter. 24 * Sec. 16. AS 44.50.030, 44.50.040, 44.50.070, 44.50.080, 44.50.090, 44.50.100, 25 44.50.110, 44.50.120, 44.50.130, 44.50.140, 44.50.170, 44.50.180(c), and 44.50.190 are 26 repealed. 27 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 APPLICABILITY. (a) AS 44.50.010, repealed and reenacted by sec. 7 of this Act, 30 and AS 44.50.031, 44.50.033, 44.50.035, 44.50.036, 44.50.037, and 44.50.039, enacted by 31 sec. 9 of this Act, do not apply to a notary public whose commission is in effect on the day
01 before the effective date of secs. 1 - 11, 13 - 16, and 19 of this Act until the notary public's 02 term of office expires under former AS 44.50.030, the notary public resigns under 03 AS 44.50.066, enacted by sec. 11 of this Act, or the notary public's commission is revoked 04 under AS 44.50.067, enacted by sec. 11 of this Act. 05 (b) Notwithstanding (a) of this section, if a notary public whose commission is in 06 effect on the day before the effective date of secs. 1 - 11, 13 - 16, and 19 of this Act has been 07 incarcerated in a correctional facility for a felony conviction within 10 years before the notary 08 public's term of office expires under former AS 44.50.030, the lieutenant governor may take 09 an action under AS 44.50.067, enacted by sec. 11 of the Act, against the notary public. 10 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 TRANSITION: REGULATIONS. The lieutenant governor may proceed to adopt 13 regulations necessary to implement the changes made by this Act. The regulations take effect 14 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 15 respective statutory change. 16 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 CONDITIONAL EFFECT OF BILL SECTION 12. Section 12 of this Act takes effect 19 only if a bill is passed by the Twenty-Third Alaska State Legislature that establishes an office 20 of administrative hearings to conduct adjudicative administrative hearings and requires the 21 office of administrative hearings to conduct all adjudicative administrative hearings required 22 under AS 44.50, and the bill is enacted into law. 23 * Sec. 20. If, under sec. 19 of this Act, sec. 12 of this Act takes effect, it takes effect on the 24 later of 25 (1) one day after the effective date of sec. 11 of this Act; or 26 (2) the effective date of the jurisdictional section of the bill that is passed by 27 the Twenty-Third Alaska State Legislature that establishes an office of administrative 28 hearings to conduct adjudicative administrative hearings and requires the office of 29 administrative hearings to conduct all adjudicative hearings under AS 44.50; in this 30 paragraph, "jurisdictional section" means the section that sets out the statutes to which the 31 jurisdiction of the office of administrative hearings applies.
01 * Sec. 21. Section 18 of this Act takes effect immediately under AS 01.10.070(c). 02 * Sec. 22. Except as provided in secs. 20 and 21 of this Act, this Act takes effect July 1, 03 2004.