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CSHB 97(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. 97(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 - 44.50.065 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 - 44.50.065 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, acknowledged that the person signed the instrument on                                  
13                 behalf of the corporation by proper authority, and acknowledged 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 ________________________ or Municipality                                          
14            of ___________________)                                                                                  
15                 The foregoing instrument was acknowledged before me this                                                
16            (date) by (name of person who acknowledged).                                                                 
17                                  _______________________________                                                        
18                                  Signature of Person Taking                                                             
19                                  Acknowledgment                                                                         
20                                  _______________________________                                                        
21                                  Title or Rank                                                                          
22                                  _______________________________                                                        
23                                  Serial Number, if any                                                                  
24                 (2)  For a corporation:                                                                                 
25                 State of ______________________________________ Judicial                                                
26            District (or County of ________________________ or Municipality                                          
27            of ___________________)                                                                                  
28                 The foregoing instrument was acknowledged before me this                                                
29            (date) by (name of officer or agent, title of officer or agent) of (name of                                  
30            corporation acknowledging) a (state or place of incorporation)                                               
31            corporation, on behalf of the corporation.                                                                   
01                                  _______________________________                                                        
02                                  Signature of Person Taking                                                             
03                                  Acknowledgment                                                                         
04                                  _______________________________                                                        
05                                  Title or Rank                                                                          
06                                  _______________________________                                                        
07                                  Serial Number, if any                                                                  
08                 (3)  For a limited liability company:                                                               
09                 State of _____________________________________ Judicial                                             
10            District (or County of __________________ or Municipality of                                         
11            ___________________)                                                                                     
12                 The foregoing instrument was acknowledged before me this                                            
13            (date) by (name of member or manager), member (or manager) of                                            
14            (name of limited liability company acknowledging) a (state or place                                      
15            of organization) limited liability company, on behalf of the limited                                     
16            liability company.                                                                                       
17                                  _______________________________                                                    
18                                  Signature of Person Taking                                                         
19                                  Acknowledgment                                                                     
20                                  _______________________________                                                    
21                                  Member (or Manager)                                                                
22                                  _______________________________                                                    
23                                  Serial Number, if any                                                              
24                 (4)  For a partnership:                                                                             
25                 State of ______________________________________ Judicial                                                
26            District (or County of ________________________ or Municipality                                          
27            of ___________________)                                                                                  
28                 The foregoing instrument was acknowledged before me this                                                
29            (date) by (name of acknowledging partner or agent), partner (or agent)                                       
30            on behalf of (name of partnership), a (partnership, limited                                          
31            partnership, or limited liability partnership).                                                          
01                                  _______________________________                                                        
02                                  Signature of Person Taking                                                             
03                                  Acknowledgment                                                                         
04                                  _______________________________                                                        
05                                  Title or Rank                                                                          
06                                  _______________________________                                                        
07                                  Serial Number, if any                                                                  
08                 (5) [(4)]  For an individual acting as principal by an attorney in fact:                            
09                 State of ______________________________________ Judicial                                                
10            District (or County of ________________________ or Municipality                                          
11            of ___________________)                                                                                  
12                 The foregoing instrument was acknowledged before me this                                                
13            (date) by (name of attorney in fact) as attorney in fact on behalf of                                        
14            (name of principal).                                                                                         
15                                  _______________________________                                                        
16                                  Signature of Person Taking                                                             
17                                  Acknowledgment                                                                         
18                                  _______________________________                                                        
19                                  Title or Rank                                                                          
20                                  _______________________________                                                        
21                                  Serial Number, if any                                                                  
22                 (6) [(5)]  By a public officer, trustee, or personal representative:                                
23                 State of ______________________________________ Judicial                                                
24            District (or County of ________________________ or Municipality                                          
25            of ___________________)                                                                                  
26                 The foregoing instrument was acknowledged before me this                                                
27            (date) by (name and title of position).                                                                      
28                                  _______________________________                                                        
29                                  Signature of Person Taking                                                             
30                                  Acknowledgment                                                                         
31                                  _______________________________                                                        
01                                  Title or Rank                                                                          
02                                  _______________________________                                                        
03                                  Serial Number, if any                                                                  
04            (b)  If a document is acknowledged before a notary public of the state, the                                  
05       notary public shall                                                                                               
06                 (1)  affix [ENDORSE AFTER THE NOTARY'S SIGNATURE THE                                                
07       DATE OF EXPIRATION OF THE NOTARY'S COMMISSION;                                                                    
08                 (2)  PRINT OR EMBOSS THE NOTARY'S SEAL] on the document                                                 
09       the                                                                                                           
10                      (A)  notary public's official signature and official seal; and                                 
11                      (B)  date of expiration of the notary public's commission;                                     
12            and                                                                                                      
13                 (2)  [; (3)] comply with AS 44.50.060 - 44.50.065 and [AS 44.50.060 -                           
14       44.50.080 OR] other law.                                                                                          
15    * Sec. 6.  AS 44.19.024 is amended to read:                                                                        
16            Sec. 44.19.024.  Fees for issuing certificate.  For issuing each certificate with                          
17       the seal of the state affixed, the lieutenant governor shall collect a fee of $5 for each                     
18       certificate [$2 FOR THE FIRST THREE FOLIOS OR LESS AND 20 CENTS PER                                           
19       FOLIO FOR EACH ADDITIONAL FOLIO.  THE LIEUTENANT GOVERNOR                                                         
20       SHALL ACCOUNT FOR THE FEES RECEIVED UNDER THIS SECTION AND                                                        
21       SHALL PAY THEM INTO THE STATE TREASURY].                                                                          
22    * Sec. 7.  AS 44.50.010 is repealed and reenacted to read:                                                         
23            Sec. 44.50.010.  Notary public commission; term.  (a)  The lieutenant                                      
24       governor may commission for the state                                                                             
25                 (1)  notaries public without limitation, who are authorized to use the                                  
26       notary seal for all legal purposes; and                                                                           
27                 (2)  limited governmental notaries public, who are state, municipal, or                                 
28       federal employees authorized to use the notary seal only for official government                                  
29       business.                                                                                                         
30            (b)  The term of a notary public commission is four years, except that the term                              
31       of a limited governmental notary public commission coincides with the term of                                     
01       government employment.                                                                                            
02            (c)  A person who is a state, municipal, or federal employee commissioned as a                               
03       limited governmental notary public may also be commissioned as a notary public                                    
04       without limitation.                                                                                               
05    * Sec. 8.  AS 44.50.020 is repealed and reenacted to read:                                                         
06            Sec. 44.50.020.  Qualifications.  To be commissioned as a notary public a                                  
07       person                                                                                                            
08                 (1)  shall submit an application under AS 44.50.032;                                                    
09                 (2)  shall be at least 18 years of age;                                                                 
10                 (3)  shall have established residency in this state under AS 01.10.055;                                 
11                 (4)  shall reside legally in the United States;                                                         
12                 (5)  may not have been incarcerated in a correctional facility for a                                    
13       felony conviction within 10 years before the commission takes effect;                                             
14                 (6)  may not have had a notary public commission revoked in this state                                  
15       or another jurisdiction;                                                                                          
16                 (7)  may not have committed acts for which a notary public                                              
17       commission may be denied or revoked under this chapter; and                                                       
18                 (8)  shall meet the other requirements in this chapter to be                                            
19       commissioned as a notary public.                                                                                
20    * Sec. 9.  AS 44.50 is amended by adding new sections to read:                                                     
21            Sec. 44.50.032.  Application.  (a)  A person applying for a commission as a                                
22       notary public shall submit a completed application as required by this section, using                             
23       the forms or format required by the lieutenant governor.                                                          
24            (b)  A completed application for a commission under AS 44.50.010(a)(1) must                                  
25       include                                                                                                           
26                 (1)  an affirmation that the applicant meets the qualifications set out in                              
27       AS 44.50.020(2) - (7);                                                                                            
28                 (2)  the applicant's mailing and physical addresses; the applicant's                                    
29       telephone number, if any; the applicant's employer or business; the physical address                              
30       and telephone number of the applicant's employer or business at the location where the                            
31       applicant works; and an electronic mailing address, if any, where the applicant can be                            
01       contacted;                                                                                                        
02                 (3)  information concerning any denial, suspension, revocation, or                                      
03       restriction of the applicant's commission as a notary public in this state or another                             
04       jurisdiction; that information must include                                                                       
05                      (A)  identification of the jurisdiction;                                                           
06                      (B)  the date the jurisdiction issued the denial, suspension,                                      
07            revocation, or restriction;                                                                                  
08                      (C)  the reasons for the denial, suspension, revocation, or                                        
09            restriction; and                                                                                             
10                      (D)  information concerning final resolution of the matter;                                        
11                 (4)  the applicant's notarized signature on the portion of the application                              
12       that contains the oath or affirmation required by AS 44.50.035;                                                   
13                 (5)  the fee required by AS 44.50.033; and                                                              
14                 (6)  the bond required by AS 44.50.034.                                                                 
15            (c)  A completed application for a commission under AS 44.50.010(a)(2) must                                  
16       include                                                                                                           
17                 (1)  a signed statement by the applicant's government employer that the                                 
18       commission is needed for the purpose of conducting official government business;                                  
19                 (2)  the applicant's mailing and physical addresses; the applicant's                                    
20       telephone number, if any; the applicant's employer; the name, address, and telephone                              
21       number for the employer where the applicant works; and an electronic mailing                                      
22       address, if any, where the applicant can be contacted;                                                          
23                 (3)  the affirmation, information, and signature required by (b)(1), (3),                               
24       and (4) of this section; and                                                                                      
25                 (4)  the fee required by AS 44.50.033.                                                                  
26            Sec. 44.50.033.  Application fee.  A person applying for a commission as a                                 
27       notary public shall pay a nonrefundable application fee of $40.  However, an applicant                            
28       for a limited governmental notary public commission under AS 44.50.010(a)(2) who is                               
29       employed by the state may not be required to pay an application fee.                                              
30            Sec. 44.50.034.  Bond.  (a)  A person applying for a commission as a notary                                
31       public without limitation under AS 44.50.010(a)(1) shall execute an official bond of                              
01       $1,000 and submit the bond with the application under AS 44.50.032.  The bond must                                
02       be for a term of four years from the date of commission.                                                          
03            (b)  The lieutenant governor shall keep a bond submitted under this section for                              
04       two years after the end of the term of the commission for which the bond was issued.                              
05       Disposition of the bond after the end of the commission does not affect the time for                              
06       commencing an action on the bond.                                                                                 
07            Sec. 44.50.035.  Oath.  The application required by the lieutenant governor                                
08       under AS 44.50.032 must contain an oath or affirmation, in the form set out in                                    
09       AS 39.05.045, to be signed by the applicant.  A signed oath or affirmation submitted                              
10       in an application under AS 44.50.032 takes effect on the date of the applicant's                                  
11       commission as a notary public under this chapter.                                                                 
12            Sec. 44.50.036.  Denial of applications.  The lieutenant governor shall deny                               
13       an application for a notary public commission if the                                                              
14                 (1)  applicant does not meet the requirements of this chapter;                                          
15                 (2)  application is not complete or contains a material misstatement or                                 
16       omission of fact relating to the requirements for a commission under this chapter;                                
17                 (3)  applicant has been incarcerated in a correctional facility for a                                   
18       felony conviction within 10 years before the commission is to take effect; or                                     
19                 (4)  applicant's commission as a notary public has been revoked in this                                 
20       state for a reason set out in AS 44.50.068, or in another jurisdiction for a substantially                        
21       similar reason.                                                                                                   
22            Sec. 44.50.037.  Certificate of commission.  Upon commission of a notary                                   
23       public under this chapter, the lieutenant governor shall provide to the notary public a                           
24       certificate of commission indicating the commission and the dates of the term of the                              
25       commission.                                                                                                     
26            Sec. 44.50.038.  Subsequent commissions.  A notary public whose term of                                    
27       commission is ending may apply for a new notary public commission by submitting a                                 
28       new application under AS 44.50.032 and complying with the requirements of this                                    
29       chapter.  The lieutenant governor's approval of a new application for a commission for                            
30       a notary public without limitation under AS 44.50.010(a)(1) terminates an applicant's                             
31       existing commission under that paragraph.                                                                         
01            Sec. 44.50.039.  Limited governmental notaries public.  A state, municipal,                                
02       or federal employee commissioned as a notary public under AS 44.50.010(a)(2)                                      
03                 (1)  is designated a limited governmental notary public;                                                
04                 (2)  may perform notarial acts only in the conduct of official                                          
05       government business; and                                                                                          
06                 (3)  may not charge or receive a fee or other consideration for notarial                                
07       services provided under this chapter.                                                                             
08    * Sec. 10.  AS 44.50.060 is amended to read:                                                                       
09            Sec. 44.50.060.  Duties.  A notary public shall                                                            
10                 (1)  administer oaths and affirmations [WHEN REQUESTED,                                             
11       DEMAND ACCEPTANCE AND PAYMENT OF FOREIGN AND INLAND BILLS                                                         
12       OF EXCHANGE, OR PROMISSORY NOTES, PROTEST THEM FOR                                                                
13       NONACCEPTANCE AND NONPAYMENT, AND EXERCISE THE OTHER                                                              
14       POWERS AND DUTIES THAT BY THE LAW OF NATIONS AND ACCORDING                                                        
15       TO COMMERCIAL USAGES, OR BY THE LAWS OF ANY OTHER STATE,                                                          
16       GOVERNMENT, OR COUNTRY, MAY BE PERFORMED BY NOTARIES];                                                            
17                 (2)  take the acknowledgment of or proof of execution of [POWERS                                
18       OF ATTORNEY, MORTGAGES, DEEDS, GRANTS, TRANSFERS, AND OTHER]                                                      
19       instruments in [OF] writing, and give a notarial certificate of the proof or                              
20       acknowledgment, included in [ENDORSED ON] or attached to the instrument; the                                  
21       notarial certificate shall be signed by the notary public in the notary public's                      
22       [NOTARY'S] own handwriting [;                                                                                     
23                 (3)  TAKE DEPOSITIONS AND AFFIDAVITS, AND ADMINISTER                                                    
24       OATHS AND AFFIRMATIONS, IN ALL MATTERS INCIDENT TO THE DUTIES                                                     
25       OF THE OFFICE, OR TO BE USED BEFORE A COURT, JUDGE, OFFICER, OR                                                   
26       BOARD IN THE STATE; A DEPOSITION, AFFIDAVIT, OATH, OR                                                             
27       AFFIRMATION SHALL BE SIGNED BY THE NOTARY IN THE NOTARY'S                                                         
28       OWN HANDWRITING, AND THE NOTARY SHALL ENDORSE AFTER THE                                                           
29       SIGNATURE THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION].                                                     
30    * Sec. 11.  AS 44.50 is amended by adding new sections to read:                                                    
31            Sec. 44.50.061.  Unauthorized practice.  (a)  A notary public who is not an                                
01       attorney may complete but may not select notarial certificates, and may not assist                                
02       another person in drafting, completing, selecting, or understanding a document or                                 
03       transaction requiring a notarial act.                                                                             
04            (b)  This section does not prohibit a notary public who is qualified in and, if                              
05       required, licensed to practice, a particular profession from giving advice relating to                            
06       matters in that professional field.                                                                               
07            (c)  A notary public may not make representations to have powers,                                            
08       qualifications, rights, or privileges that the office of notary public does not have.                             
09            Sec. 44.50.062.  Prohibited acts.  A notary public may not                                                 
10                 (1)  violate state or federal law in the performance of acts authorized by                              
11       this chapter;                                                                                                     
12                 (2)  influence a person to enter into or avoid a transaction involving a                                
13       notarial act by the notary public;                                                                                
14                 (3)  affix the notary public's signature or seal on a notarial certificate                              
15       that is incomplete;                                                                                               
16                 (4)  charge a fee for a notarial act unless a fee schedule has been                                     
17       provided to the signer before the performance of the notarial act;                                                
18                 (5)  affix the notary public's official seal to a document unless the                                   
19       person who is to sign the document                                                                                
20                      (A)  appears and signs the document before the notary public or,                                   
21            for an acknowledgment, appears and indicates to the notary public that the                                   
22            person voluntarily affixed the person's signature on the document for the                                    
23            purposes stated within the document;                                                                         
24                      (B)  gives an oath or affirmation if required under law or if the                                  
25            notarial certificate states that the document was signed under oath or                                       
26            affirmation; and                                                                                             
27                      (C)  is personally known to the notary public, produces                                            
28            government-issued identification containing the photograph and signature of                                  
29            the person signing, or produces                                                                              
30                           (i)  government-issued identification containing the                                          
31                 signature of the person signing, but without a photograph; and                                          
01                           (ii)  another valid identification containing the                                             
02                 photograph and signature of the person signing;                                                         
03                 (6)  perform a notarial act if the notary public                                                        
04                      (A)  is a signer of or named in the document that is to be                                         
05            notarized; or                                                                                                
06                      (B)  will receive directly from a transaction connected with the                                   
07            notarial act a commission, fee, advantage, right, title, interest, cash, property,                           
08            or other consideration exceeding in value the normal fee charged by the notary                               
09            for the notarial act.                                                                                        
10            Sec. 44.50.063.  Official signature.  (a)  When performing a notarization, a                               
11       notary public shall                                                                                               
12                 (1)  sign in the notary public's own handwriting, on the notarial                                       
13       certificate, exactly and only the name indicated on the notary public's commission                                
14       certificate; a notary public may not sign through the use of a facsimile stamp or an                              
15       electronic or graphic printing method; and                                                                        
16                 (2)  affix the official signature only at the time the notarial act is                                  
17       performed.                                                                                                        
18            (b)  A notary public shall comply in a timely manner with a request by the                                   
19       lieutenant governor to supply a current sample of the notary public's official signature.                         
20            Sec. 44.50.064.  Official seal.  (a)  A notary public shall keep an official seal,                         
21       which is the exclusive property of the notary public, and shall ensure that another                               
22       person does not possess or use the official seal.                                                                 
23            (b)  A notary public's official seal                                                                         
24                 (1)  must contain                                                                                       
25                      (A)  the notary public's name exactly as indicated on the notary                                   
26            public's commission certificate;                                                                             
27                      (B)  the words "Notary Public" and "State of Alaska"; and                                          
28                 (2)  may be a circular form not over two inches in diameter or may be a                                 
29       rectangular form not more than one inch in width by two and one-half inches in                                    
30       length.                                                                                                           
31            (c)  When not in use, a notary public's official seal shall be kept in a secure                              
01       area under the exclusive control of the notary public.                                                            
02            (d)  Within 10 days after a notary public's official seal is stolen or lost, the                             
03       notary public shall provide the lieutenant governor with written notification of the                              
04       theft or loss.                                                                                                    
05            (e)  In order to avoid misuse, a notary public's official seal shall be destroyed                            
06       or defaced                                                                                                        
07                 (1)  upon the notary public's resignation or death;                                                     
08                 (2)  upon the revocation or termination by the lieutenant governor of                                   
09       the notary public's commission; or                                                                                
10                 (3)  when the notary public's term of commission ends if the notary                                     
11       public has not received a new commission under this chapter.                                                      
12            Sec. 44.50.065.  Seal impression or depiction.  (a)  A sharp, legible,                                     
13       photographically reproducible impression or depiction of a notary public's official seal                          
14       shall be affixed                                                                                                  
15                 (1)  on the notarial certificate of each paper document notarized, near                                 
16       the notary public's official signature; and                                                                       
17                 (2)  only at the time the notarial act is performed.                                                    
18            (b)  Illegible information within a seal impression or depiction may be typed or                             
19       printed legibly by the notary public adjacent to, but not within, the impression or                               
20       depiction.                                                                                                        
21            (c)  An embossed seal impression that is not photographically reproducible                                   
22       may be used in addition to, but not in place of, the seal impression or depiction                                 
23       required by (a) of this section.                                                                                  
24            Sec. 44.50.066.  Notary public's status notification.  (a)  Within 30 days after                           
25       change of a notary public's name, mailing address, or physical address, the notary                                
26       public shall, on a form provided by the lieutenant governor, submit written notification                          
27       of the change, signed by the notary public.                                                                       
28            (b)  The lieutenant governor may require limited governmental notaries public                                
29       commissioned under AS 44.50.010(a)(2) who change departmental or agency                                           
30       employers to submit written notification of the change on a form provided by the                                  
31       lieutenant governor.                                                                                              
01            (c)  A notary public commissioned under AS 44.50.010(a)(1) reporting a name                                  
02       change shall submit to the lieutenant governor payment of the fee under AS 44.19.024                              
03       for the issuance of a replacement certificate of commission.                                                    
04            (d)  A notary public reporting a name change under (a) and (c) of this section                               
05       shall use the person's former name for the performance of notarial acts until the person                          
06       has                                                                                                               
07                 (1)  provided written notification of the name change to the surety for                                 
08       any bond required under AS 44.50.034;                                                                             
09                 (2)  received a replacement certificate of commission reflecting the                                    
10       name change from the lieutenant governor; and                                                                     
11                 (3)  obtained a new seal reflecting the name change.                                                    
12            (e)  The lieutenant governor may require a notary public to update the                                       
13       information required under AS 44.50.032, including the notary public's current                                    
14       notarized signature.                                                                                            
15            Sec. 44.50.067.  Resignation.  (a)  To resign a commission, a notary public                                
16       shall notify the lieutenant governor in writing of the resignation and the date that it is                        
17       effective.  The notary public shall sign the notification.                                                        
18            (b)  A notary public who does not any longer meet the requirements of this                                   
19       chapter to be a notary public shall immediately resign the commission.                                            
20            Sec. 44.50.068.  Disciplinary action.  The lieutenant governor may suspend or                              
21       revoke a notary public's commission or reprimand a notary public for good cause                                   
22       shown, including                                                                                                  
23                 (1)  a ground on which an application for a commission may be denied;                                   
24                 (2)  failure to comply with this chapter; and                                                           
25                 (3)  incompetence or malfeasance in carrying out the notary public's                                    
26       duties under this chapter.                                                                                        
27            Sec. 44.50.069.  Complaint; hearing; appeal; delegation.  (a)  A person                                    
28       harmed by the actions of a notary public may file a complaint with the lieutenant                                 
29       governor.  The complaint shall be filed on a form prescribed by the lieutenant                                    
30       governor and shall be signed and verified by the person alleging misconduct by the                                
31       notary public.                                                                                                    
01            (b)  If the lieutenant governor determines that the allegations in the complaint                             
02       do not warrant formal disciplinary action, the lieutenant governor may decline to act                             
03       on the complaint or may advise the notary public of the appropriate conduct and the                               
04       applicable statutes and regulations governing the conduct.  The lieutenant governor                               
05       shall notify the notary public and the complainant of the determination in writing.                               
06            (c)  If the lieutenant governor determines that the complaint alleges sufficient                             
07       facts to constitute good cause for disciplinary action, the lieutenant governor shall                             
08       serve the notary public with a copy of the complaint as provided in Rule 4, Alaska                                
09       Rules of Civil Procedure.  The notary public may file a written response to the                                   
10       complaint with the lieutenant governor within 20 days after receipt of the complaint.                             
11       The lieutenant governor may extend the time for the notary public's response.  The                                
12       lieutenant governor shall provide a copy of the notary public's response to the                                   
13       complainant.                                                                                                      
14            (d)  The lieutenant governor shall review the complaint and the response to                                  
15       determine whether formal disciplinary action may be warranted.  The lieutenant                                    
16       governor may determine that the allegations in the complaint do not warrant formal                                
17       disciplinary action, in which case the lieutenant governor may determine not to take                              
18       further action on the complaint or may determine to advise the notary public of the                               
19       appropriate conduct and the applicable statutes and regulations governing the conduct.                            
20       If the lieutenant governor determines that formal disciplinary action is not warranted,                           
21       the lieutenant governor shall provide the complainant and the notary public with a                                
22       written statement of the basis for the determination.                                                             
23            (e)  If the lieutenant governor finds that formal disciplinary action may be                                 
24       warranted, the lieutenant governor shall refer the matter to the office of administrative                         
25       hearings created under AS 44.64.010 for a hearing.                                                                
26            (f)  The lieutenant governor may delegate the powers under AS 44.50.068 and                                  
27       this section.                                                                                                     
28            (g)  An appeal from a decision of the lieutenant governor under this section                                 
29       shall be in accordance with the procedures set out in AS 44.62 (Administrative                                    
30       Procedure Act).                                                                                                   
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 44.50.069 shall be kept confidential unless the                              
13       lieutenant governor determines under AS 44.50.069(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. 44.50.073.  Published summary.  The lieutenant governor may publish                                   
19       by electronic means for commissioned notaries public a summary of the provisions of                               
20       this chapter and the regulations adopted under this chapter.  The lieutenant governor                             
21       shall, upon request, distribute the summary to each person who is commissioned a                                  
22       notary public under this chapter.                                                                                 
23    * Sec. 13.  AS 44.50 is amended by adding a new section to read:                                                   
24            Sec. 44.50.200.  Definitions.  In this chapter, unless the context otherwise                               
25       requires,                                                                                                         
26                 (1)  "notarial act" means an act that is identified as a notarial act under                             
27       AS 09.63.120 and an act that a notary public is directed to perform under                                         
28       AS 44.50.060;                                                                                                     
29                 (2)  "notary public" means a person commissioned to perform notarial                                    
30       acts under this chapter.                                                                                          
31    * Sec. 14.  AS 44.50.030, 44.50.040, 44.50.070, 44.50.080, 44.50.090, 44.50.100,                                   
01 44.50.110, 44.50.120, 44.50.130, 44.50.140, 44.50.170, 44.50.180(c), and 44.50.190 are                                  
02 repealed.                                                                                                               
03    * Sec. 15.  The uncodified law of the State of Alaska is amended by adding a new section to                        
04 read:                                                                                                                   
05       APPLICABILITY.  (a)  AS 44.50.010, repealed and reenacted by sec. 7 of this Act,                                  
06 and AS 44.50.032, 44.50.033, 44.50.035, 44.50.036, 44.50.037, and 44.50.039, enacted by                                 
07 sec. 9 of this Act, do not apply to a notary public whose commission is in effect on the day                            
08 before the effective date of secs. 1 - 14 of this Act until the notary public's term of office                          
09 expires under former AS 44.50.030, the notary public resigns under AS 44.50.067, enacted by                             
10 sec. 11 of this Act, or the notary public's commission is revoked under AS 44.50.068, enacted                           
11 by sec. 11 of this Act.                                                                                               
12       (b)  Notwithstanding (a) of this section, if a notary public whose commission is in                               
13 effect on the day before the effective date of secs. 1 - 14 of this Act has been incarcerated in a                      
14 correctional facility for a felony conviction within the 10 years before the notary public's term                       
15 of office expires under former AS 44.50.030, the lieutenant governor may take an action                                 
16 under AS 44.50.068, enacted by sec. 11 of the Act, against the notary public.                                           
17    * Sec. 16.  The uncodified law of the State of Alaska is amended by adding a new section to                        
18 read:                                                                                                                   
19       TRANSITION:  REGULATIONS.  The lieutenant governor may proceed to adopt                                           
20 regulations necessary to implement the changes made by this Act.  The regulations take effect                           
21 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the                                 
22 respective statutory change.                                                                                            
23    * Sec. 17.  Section 16 of this Act takes effect immediately under AS 01.10.070(c).                                 
24    * Sec. 18.  Except as provided in sec. 17 of this Act, this Act takes effect July 1, 2005.