SCS 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 SENATE CS FOR 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, within 10 years before the commission takes effect, have 13 been convicted of a felony or incarcerated in a correctional facility for a felony 14 conviction; 15 (6) may not, within 10 years before the commission takes effect, 16 (A) have had the person's notary public commission revoked 17 under AS 44.50.068(a)(2) or (3) or under the notary public laws of another 18 jurisdiction; or 19 (B) have been disciplined under AS 44.50.068 or under the 20 notary public laws of another state if, at the time the person applies for a notary 21 public commission under this chapter, the disciplinary action prohibits the 22 person from holding a notary public commission; and 23 (7) shall meet the other requirements in this chapter to be 24 commissioned as a notary public. 25 * Sec. 9. AS 44.50 is amended by adding new sections to read: 26 Sec. 44.50.032. Application. (a) A person applying for a commission as a 27 notary public shall submit a completed application as required by this section, using 28 the forms or format required by the lieutenant governor. 29 (b) A completed application for a commission under AS 44.50.010(a)(1) must 30 include 31 (1) an affirmation that the applicant meets the qualifications set out in
01 AS 44.50.020(2) - (6); 02 (2) the applicant's mailing and physical addresses; the applicant's 03 telephone number, if any; the applicant's employer or business; the physical address 04 and telephone number of the applicant's employer or business at the location where the 05 applicant works; and an electronic mailing address, if any, where the applicant can be 06 contacted; 07 (3) information concerning any denial, suspension, revocation, or 08 restriction of the applicant's commission as a notary public in this state or another 09 jurisdiction; that information must include 10 (A) identification of the jurisdiction; 11 (B) the date the jurisdiction issued the denial, suspension, 12 revocation, or restriction; 13 (C) the reasons for the denial, suspension, revocation, or 14 restriction; and 15 (D) information concerning final resolution of the matter; 16 (4) the applicant's notarized signature on the portion of the application 17 that contains the oath or affirmation required by AS 44.50.035; 18 (5) the fee required by AS 44.50.033; and 19 (6) the bond required by AS 44.50.034. 20 (c) A completed application for a commission under AS 44.50.010(a)(2) must 21 include 22 (1) a signed statement by the applicant's government employer that the 23 commission is needed for the purpose of conducting official government business; 24 (2) the applicant's mailing and physical addresses; the applicant's 25 telephone number, if any; the applicant's employer; the name, address, and telephone 26 number for the employer where the applicant works; and an electronic mailing 27 address, if any, where the applicant can be contacted; 28 (3) the affirmation, information, and signature required by (b)(1), (3), 29 and (4) of this section; and 30 (4) the fee required by AS 44.50.033. 31 Sec. 44.50.033. Application fee. A person applying for a commission as a
01 notary public shall pay a nonrefundable application fee of $40. However, an applicant 02 for a limited governmental notary public commission under AS 44.50.010(a)(2) who is 03 employed by the state may not be required to pay an application fee. 04 Sec. 44.50.034. Bond. (a) A person applying for a commission as a notary 05 public without limitation under AS 44.50.010(a)(1) shall execute an official bond of 06 $1,000 and submit the bond with the application under AS 44.50.032. The bond must 07 be for a term of four years from the date of commission. 08 (b) The lieutenant governor shall keep a bond submitted under this section for 09 two years after the end of the term of the commission for which the bond was issued. 10 Disposition of the bond after the end of the commission does not affect the time for 11 commencing an action on the bond. 12 Sec. 44.50.035. Oath. The application required by the lieutenant governor 13 under AS 44.50.032 must contain an oath or affirmation, in the form set out in 14 AS 39.05.045, to be signed by the applicant. A signed oath or affirmation submitted 15 in an application under AS 44.50.032 takes effect on the date of the applicant's 16 commission as a notary public under this chapter. 17 Sec. 44.50.036. Denial of applications. The lieutenant governor shall deny 18 an application for a notary public commission if the 19 (1) applicant does not meet the requirements of this chapter; 20 (2) application is not complete or contains a material misstatement or 21 omission of fact relating to the requirements for a commission under this chapter; 22 (3) applicant has, within 10 years before the commission is to take 23 effect, been convicted of a felony or incarcerated in a correctional facility for a felony 24 conviction; or 25 (4) applicant's commission as a notary public has been revoked, within 26 10 years before the commission is to take effect, in this state for a reason set out in 27 AS 44.50.068, or in another jurisdiction for a substantially similar reason. 28 Sec. 44.50.037. Certificate of commission. Upon commission of a notary 29 public under this chapter, the lieutenant governor shall provide to the notary public a 30 certificate of commission indicating the commission and the dates of the term of the 31 commission.
01 Sec. 44.50.038. Subsequent commissions. A notary public whose term of 02 commission is ending may apply for a new notary public commission by submitting a 03 new application under AS 44.50.032 and complying with the requirements of this 04 chapter. The lieutenant governor's approval of a new application for a commission for 05 a notary public without limitation under AS 44.50.010(a)(1) terminates an applicant's 06 existing commission under that paragraph. 07 Sec. 44.50.039. Limited governmental notaries public. A state, municipal, 08 or federal employee commissioned as a notary public under AS 44.50.010(a)(2) 09 (1) is designated a limited governmental notary public; 10 (2) may perform notarial acts only in the conduct of official 11 government business; and 12 (3) may not charge or receive a fee or other consideration for notarial 13 services provided under this chapter. 14 * Sec. 10. AS 44.50.060 is amended to read: 15 Sec. 44.50.060. Duties. A notary public may [SHALL] 16 (1) administer oaths and affirmations [WHEN REQUESTED, 17 DEMAND ACCEPTANCE AND PAYMENT OF FOREIGN AND INLAND BILLS 18 OF EXCHANGE, OR PROMISSORY NOTES, PROTEST THEM FOR 19 NONACCEPTANCE AND NONPAYMENT, AND EXERCISE THE OTHER 20 POWERS AND DUTIES THAT BY THE LAW OF NATIONS AND ACCORDING 21 TO COMMERCIAL USAGES, OR BY THE LAWS OF ANY OTHER STATE, 22 GOVERNMENT, OR COUNTRY, MAY BE PERFORMED BY NOTARIES]; 23 (2) take the acknowledgment of or proof of execution of [POWERS 24 OF ATTORNEY, MORTGAGES, DEEDS, GRANTS, TRANSFERS, AND OTHER] 25 instruments in [OF] writing, and give a notarial certificate of the proof or 26 acknowledgment, included in [ENDORSED ON] or attached to the instrument; the 27 notarial certificate shall be signed by the notary public in the notary public's 28 [NOTARY'S] own handwriting or by electronic means as authorized by 29 regulations adopted by the lieutenant governor [; 30 (3) TAKE DEPOSITIONS AND AFFIDAVITS, AND ADMINISTER 31 OATHS AND AFFIRMATIONS, IN ALL MATTERS INCIDENT TO THE DUTIES
01 OF THE OFFICE, OR TO BE USED BEFORE A COURT, JUDGE, OFFICER, OR 02 BOARD IN THE STATE; A DEPOSITION, AFFIDAVIT, OATH, OR 03 AFFIRMATION SHALL BE SIGNED BY THE NOTARY IN THE NOTARY'S 04 OWN HANDWRITING, AND THE NOTARY SHALL ENDORSE AFTER THE 05 SIGNATURE THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION]. 06 * Sec. 11. AS 44.50 is amended by adding new sections to read: 07 Sec. 44.50.061. Unauthorized practice. (a) A notary public who is not an 08 attorney may complete but may not select notarial certificates, and may not assist 09 another person in drafting, completing, selecting, or understanding a document or 10 transaction requiring a notarial act. 11 (b) This section does not prohibit a notary public who is qualified in and, if 12 required, licensed to practice, a particular profession from giving advice relating to 13 matters in that professional field. 14 (c) A notary public may not make representations to have powers, 15 qualifications, rights, or privileges that the office of notary public does not have. 16 Sec. 44.50.062. Prohibited acts. A notary public may not 17 (1) violate state or federal law in the performance of acts authorized by 18 this chapter; 19 (2) influence a person to enter into or avoid a transaction involving a 20 notarial act by the notary public; 21 (3) affix the notary public's signature or seal on a notarial certificate 22 that is incomplete; 23 (4) charge a fee for a notarial act unless a fee schedule has been 24 provided to the signer before the performance of the notarial act; 25 (5) affix the notary public's official seal to a document unless the 26 person who is to sign the document 27 (A) appears and signs the document before the notary public or, 28 for an acknowledgment, appears and indicates to the notary public that the 29 person voluntarily affixed the person's signature on the document for the 30 purposes stated within the document; 31 (B) gives an oath or affirmation if required under law or if the
01 notarial certificate states that the document was signed under oath or 02 affirmation; and 03 (C) is personally known to the notary public, produces 04 government-issued identification containing the photograph and signature of 05 the person signing, or produces 06 (i) government-issued identification containing the 07 signature of the person signing, but without a photograph; and 08 (ii) another valid identification containing the 09 photograph and signature of the person signing; 10 (6) perform a notarial act if the notary public 11 (A) is a signer of or named in the document that is to be 12 notarized; or 13 (B) will receive directly from a transaction connected with the 14 notarial act a commission, fee, advantage, right, title, interest, cash, property, 15 or other consideration exceeding in value the normal fee charged by the notary 16 for the notarial act. 17 Sec. 44.50.063. Official signature. (a) When performing a notarization, a 18 notary public shall 19 (1) sign in the notary public's own handwriting, on the notarial 20 certificate, exactly and only the name indicated on the notary public's commission 21 certificate, or sign an electronic document by electronic means as authorized by 22 regulations adopted by the lieutenant governor; and 23 (2) affix the official signature only at the time the notarial act is 24 performed. 25 (b) A notary public shall comply in a timely manner with a request by the 26 lieutenant governor to supply a current sample of the notary public's official 27 handwritten signature and information regarding the notary public's electronic 28 signature. 29 (c) Within 10 days after the security of a notary public's electronic signature 30 has been compromised, the notary public shall provide the lieutenant governor with 31 written notification that the signature has been compromised. After the notary public
01 has provided the lieutenant governor with the notification, the notary public shall 02 provide the lieutenant governor with any additional information that the lieutenant 03 governor requests about the compromise of the signature. 04 Sec. 44.50.064. 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, may be a 13 rectangular form not more than one inch in width by two and one-half inches in 14 length, or may be an electronic form as authorized by regulations adopted by the 15 lieutenant governor. 16 (c) When not in use, a notary public's official seal shall be kept secure and 17 under the exclusive control of the notary public. 18 (d) Within 10 days after a notary public's official seal is stolen or lost, or the 19 security of the notary public's official electronic seal is compromised, the notary 20 public shall provide the lieutenant governor with written notification of the theft, loss, 21 or compromised security. After the notary public has provided the lieutenant governor 22 with the notification, the notary public shall provide the lieutenant governor with any 23 additional information that the lieutenant governor requests about the compromise of 24 the seal. 25 (e) In order to avoid misuse, a notary public's official seal shall be destroyed 26 or defaced 27 (1) upon the notary public's resignation or death; 28 (2) upon the revocation or termination by the lieutenant governor of 29 the notary public's commission; or 30 (3) when the notary public's term of commission ends if the notary 31 public has not received a new commission under this chapter.
01 Sec. 44.50.065. Seal impression or depiction. (a) With regard to each paper 02 document being notarized, a sharp, legible, photographically reproducible impression 03 or depiction of a notary public's official seal shall be affixed 04 (1) on the notarial certificate near the notary public's official signature; 05 and 06 (2) only at the time the notarial act is performed. 07 (b) For a notarized paper document, illegible information within a seal 08 impression or depiction may be typed or printed legibly by the notary public adjacent 09 to, but not within, the impression or depiction. 10 (c) An embossed seal impression that is not photographically reproducible 11 may be used in addition to, but not in place of, the seal impression or depiction 12 required by (a) of this section. 13 (d) A notary public may use a seal in electronic form on electronic documents 14 notarized by the notary public as authorized by regulations adopted by the lieutenant 15 governor. The seal shall be affixed only at the time the notarial act is performed. 16 Sec. 44.50.066. Notary public's status notification. (a) Within 30 days after 17 change of a notary public's name, mailing address, or physical address, the notary 18 public shall, on a form provided by the lieutenant governor, submit written notification 19 of the change, signed by the notary public. 20 (b) The lieutenant governor may require limited governmental notaries public 21 commissioned under AS 44.50.010(a)(2) who change departmental or agency 22 employers to submit written notification of the change on a form provided by the 23 lieutenant governor. 24 (c) A notary public commissioned under AS 44.50.010(a)(1) reporting a name 25 change shall submit to the lieutenant governor payment of the fee under AS 44.19.024 26 for the issuance of a replacement certificate of commission. 27 (d) A notary public reporting a name change under (a) and (c) of this section 28 shall use the person's former name for the performance of notarial acts until the person 29 has 30 (1) provided written notification of the name change to the surety for 31 any bond required under AS 44.50.034;
01 (2) received a replacement certificate of commission reflecting the 02 name change from the lieutenant governor; and 03 (3) obtained a new seal reflecting the name change. 04 (e) The lieutenant governor may require a notary public to update the 05 information required under AS 44.50.032, including the notary public's current 06 notarized signature and information regarding the notary public's electronic signature. 07 Sec. 44.50.067. Resignation. (a) To resign a commission, a notary public 08 shall notify the lieutenant governor in writing of the resignation and the date that it is 09 effective. The notary public shall sign the notification. 10 (b) A notary public who does not any longer meet the requirements of this 11 chapter to be a notary public shall immediately resign the commission. 12 Sec. 44.50.068. Disciplinary action; complaint; appeal; hearing; 13 delegation. (a) The lieutenant governor may suspend or revoke a notary public's 14 commission or reprimand a notary public for good cause shown, including 15 (1) a ground on which an application for a commission may be denied; 16 (2) failure to comply with this chapter; and 17 (3) incompetence or malfeasance in carrying out the notary public's 18 duties under this chapter. 19 (b) A person harmed by the actions of a notary public may file a complaint 20 with the lieutenant governor. The complaint shall be filed on a form prescribed by the 21 lieutenant governor and shall be signed and verified by the person alleging misconduct 22 by the notary public. 23 (c) If the lieutenant governor determines that the allegations in the complaint 24 do not warrant formal disciplinary action, the lieutenant governor may decline to act 25 on the complaint or may advise the notary public of the appropriate conduct and the 26 applicable statutes and regulations governing the conduct. The lieutenant governor 27 shall notify the notary public and the complainant of the determination in writing. 28 (d) If the lieutenant governor determines that the complaint alleges sufficient 29 facts to constitute good cause for disciplinary action, the lieutenant governor shall 30 serve the notary public with a copy of the complaint as provided in Rule 4, Alaska 31 Rules of Civil Procedure. The notary public may file a written response to the
01 complaint with the lieutenant governor within 20 days after receipt of the complaint. 02 The lieutenant governor may extend the time for the notary public's response. The 03 lieutenant governor shall provide a copy of the notary public's response to the 04 complainant. 05 (e) The lieutenant governor shall review the complaint and the response to 06 determine whether formal disciplinary action may be warranted. The lieutenant 07 governor may determine that the allegations in the complaint do not warrant formal 08 disciplinary action, in which case the lieutenant governor may determine not to take 09 further action on the complaint or may determine to advise the notary public of the 10 appropriate conduct and the applicable statutes and regulations governing the conduct. 11 If the lieutenant governor determines that formal disciplinary action is not warranted, 12 the lieutenant governor shall provide the complainant and the notary public with a 13 written statement of the basis for the determination. 14 (f) If the lieutenant governor finds that formal disciplinary action may be 15 warranted, the lieutenant governor may suspend or revoke a notary public's 16 commission or reprimand a notary public. If the lieutenant governor suspends or 17 revokes the commission or issues a reprimand, the lieutenant governor shall provide, 18 by certified mail, the notary public with a written statement of the lieutenant 19 governor's decision, including a written statement of the basis for the determination. 20 (g) A person who is issued a reprimand, suspension, or revocation under (f) of 21 this section may appeal the reprimand, suspension, or revocation by requesting a 22 hearing within 15 days after receiving the statement provided under (f) of this section. 23 If a hearing is requested, the lieutenant governor shall deny or grant the request under 24 AS 44.64.060(b) and refer the matter to the office of administrative hearings under 25 AS 44.64.060(b). 26 (h) The lieutenant governor may delegate the powers under this section. 27 * Sec. 12. AS 44.50 is amended by adding new sections to read: 28 Sec. 44.50.071. Confidentiality. (a) An address, telephone number, and 29 electronic mail address of a notary public or an applicant that is submitted under 30 AS 44.50.032 or 44.50.038 and that is designated by the notary public or applicant as 31 confidential shall be kept confidential. However, a notary public shall provide a
01 nonconfidential address and telephone number at which the notary public can be 02 contacted. 03 (b) Compilations and data bases of those addresses, telephone numbers, and 04 electronic mail addresses of notaries public that are confidential under (a) of this 05 section shall be kept confidential, except that the lieutenant governor may disclose 06 compilations and data bases if the lieutenant governor determines that disclosure is in 07 the public interest. 08 (c) A complaint filed under AS 44.50.068 shall be kept confidential unless the 09 lieutenant governor determines under AS 44.50.068(d) that the complaint alleges 10 sufficient facts to constitute good cause for disciplinary action. 11 Sec. 44.50.072. Regulations. The lieutenant governor may adopt regulations 12 under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this 13 chapter. 14 Sec. 44.50.073. Published summary. The lieutenant governor may publish 15 by electronic means for commissioned notaries public a summary of the provisions of 16 this chapter and the regulations adopted under this chapter. The lieutenant governor 17 shall, upon request, distribute the summary to each person who is commissioned a 18 notary public under this chapter. 19 * Sec. 13. AS 44.50 is amended by adding a new section to read: 20 Sec. 44.50.200. Definitions. In this chapter, unless the context otherwise 21 requires, 22 (1) "convicted" or "conviction" means that the person has entered a 23 plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or 24 guilty but mentally ill by a court or jury; 25 (2) "notarial act" means an act that is identified as a notarial act under 26 AS 09.63.120 and an act that a notary public is directed to perform under 27 AS 44.50.060; 28 (3) "notary public" means a person commissioned to perform notarial 29 acts under this chapter. 30 * Sec. 14. AS 44.50.030, 44.50.040, 44.50.070, 44.50.080, 44.50.090, 44.50.100, 31 44.50.110, 44.50.120, 44.50.130, 44.50.140, 44.50.170, 44.50.180(c), and 44.50.190 are
01 repealed. 02 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. (a) AS 44.50.010, repealed and reenacted by sec. 7 of this Act, 05 and AS 44.50.032, 44.50.033, 44.50.035, 44.50.036, 44.50.037, and 44.50.039, enacted by 06 sec. 9 of this Act, do not apply to a notary public whose commission is in effect on the day 07 before the effective date of secs. 1 - 14 of this Act until the notary public's term of office 08 expires under former AS 44.50.030, the notary public resigns under AS 44.50.067, enacted by 09 sec. 11 of this Act, or the notary public's commission is revoked under AS 44.50.068, enacted 10 by sec. 11 of this Act. 11 (b) Notwithstanding (a) of this section, if a notary public whose commission is in 12 effect on the day before the effective date of secs. 1 - 14 of this Act has been, within 10 years 13 before the notary public's term of office expires under former AS 44.50.030, convicted of a 14 felony or incarcerated in a correctional facility for a felony conviction, the lieutenant governor 15 may take an action under AS 44.50.068, enacted by sec. 11 of the Act, against the notary 16 public. In this subsection, "convicted" and "conviction" have the meanings given in 17 AS 44.50.200. 18 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION: REGULATIONS. The lieutenant governor may proceed to adopt 21 regulations necessary to implement the changes made by this Act. The regulations take effect 22 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 23 respective statutory change. 24 * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 25 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect July 1, 2005.