2004-02-05                     House Journal                      Page 2509
HB 439                                                                                            
HOUSE BILL NO. 439 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the authority to take oaths, affirmations, and                             
     acknowledgments in the state; relating to notaries public; relating                            
     to fees for issuing certificates with the seal of the state affixed;                           
     and providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary, and                           
Finance Committees.                                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1. Fiscal, Office of the Governor                                                                   
                                                                                                    
The Governor's transmittal letter dated February 4, 2004, follows:                                  
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to the authority to take                            
oaths, affirmations, and acknowledgements in the state to notaries                                  
public, and to fees for issuing certificates with the seal of the state                             
affixed.                                                                                            
                                                                                                    

2004-02-05                     House Journal                      Page 2510
The primary purpose of the bill is to comprehensively update                                        
AS 44.50, the chapter that governs notaries public, which includes                                  
among its provisions qualifications to become a notary public, duties                               
of notaries public, and liability in the event of misconduct or neglect.                            
AS 44.50 has not been comprehensively revised since it was enacted                                  
in 1961.  Sections 6-13 of the bill would repeal obsolete provisions,                               
update antiquated language, and add new provisions where needed.                                    
Similarly, sections 2-4 of the bill would update statutes in AS 09, the                             
Alaska civil code, relating to notaries' responsibilities when notarizing,                          
verifying, and acknowledging signed instruments.                                                    
                                                                                                    
In addition, section 1 of the bill would conform the oath, affirmation,                             
and acknowledgement statute at AS 09.63.010 to existing law.                                        
Section 5 of the bill would update a statute authorizing the Lieutenant                             
Governor to collect fees for the issuance of certificates with the seal of                          
the state affixed, increasing the fee to $5 per certificate.  Section 14 of                         
the bill provides applicability provisions.                                                         
                                                                                                    
A more detailed description of the bill is found in a sectional analysis                            
of the bill available from the office of the Lieutenant Governor.                                   
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"