00 HOUSE BILL NO. 439 01 "An Act relating to the authority to take oaths, affirmations, and acknowledgments in 02 the state; relating to notaries public; relating to fees for issuing certificates with the seal 03 of the state affixed; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.63.010 is amended to read: 06 Sec. 09.63.010. Oath, affirmation, and acknowledgment. The following 07 persons may take an oath, affirmation, or acknowledgment in the state: 08 (1) a justice, judge, or magistrate of a court of the State of Alaska or of 09 the United States; 10 (2) a clerk or deputy clerk of a court of the State of Alaska or of the 11 United States; 12 (3) a notary public; 13 (4) a United States postmaster; 14 (5) a commissioned officer under AS 09.63.050(4); [OR] 01 (6) a municipal clerk carrying out the clerk's duties under 02 AS 29.20.380; 03 (7) the lieutenant governor carrying out the lieutenant governor's 04 duties under AS 24.05.160; 05 (8) the presiding officer of each legislative house carrying out the 06 duties under AS 24.05.170. 07 * Sec. 2. AS 09.63.030(c) is amended to read: 08 (c) If the document is sworn to or affirmed before a notary public of the state, 09 the notary public shall 10 (1) affix [ENDORSE AFTER THE SIGNATURE OF THE NOTARY 11 PUBLIC THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION; 12 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 13 the 14 (A) notary's official signature and official seal; and 15 (B) date of expiration of the notary's commission; and 16 (2) [(3)] comply with AS 44.50.060 - 44.50.064 and [AS 44.50.060 - 17 44.50.080 OR] other applicable law. 18 * Sec. 3. AS 09.63.040(d) is amended to read: 19 (d) If the verification is sworn to or affirmed before a notary public of the 20 state, the notary public shall 21 (1) affix [ENDORSE AFTER THE SIGNATURE OF THE NOTARY 22 PUBLIC THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION; 23 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 24 the 25 (A) notary's official signature and official seal; and 26 (B) date of expiration of the notary's commission; and 27 (2) [(3)] comply with AS 44.50.060 - 44.50.064 and [AS 44.50.060 - 28 44.50.080 OR] other applicable law. 29 * Sec. 4. AS 09.63.100(b) is amended to read: 30 (b) If a document is acknowledged before a notary public of the state, the 31 notary public shall 01 (1) affix [ENDORSE AFTER THE NOTARY'S SIGNATURE THE 02 DATE OF EXPIRATION OF THE NOTARY'S COMMISSION; 03 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 04 the 05 (A) notary's official signature and official seal; and 06 (B) date of expiration of the notary's commission; and 07 (2) [(3)] comply with AS 44.50.060 - 44.50.064 and [AS 44.50.060 - 08 44.50.080 OR] other applicable law. 09 * Sec. 5. AS 44.19.024 is amended to read: 10 Sec. 44.19.024. Fees for issuing certificate. For issuing each certificate with 11 the seal of the state affixed, the lieutenant governor shall collect a fee of $5 per 12 certificate [$2 FOR THE FIRST THREE FOLIOS OR LESS AND 20 CENTS PER 13 FOLIO FOR EACH ADDITIONAL FOLIO]. The lieutenant governor shall account 14 for the fees received under this section and shall deposit [PAY] them into the state 15 treasury. 16 * Sec. 6. AS 44.50.010 is repealed and reenacted to read: 17 Sec. 44.50.010. Notary public commission; term. (a) The lieutenant 18 governor may commission for the state 19 (1) notaries public without limitation, who are authorized to use the 20 notary seal for all legal purposes; and 21 (2) limited governmental notaries public, who are state, municipal, or 22 federal employees authorized to use the notary seal only for official government 23 business. 24 (b) The term of a notary public commission is four years, except that the term 25 of a limited governmental notary public commission coincides with the term of 26 government employment. 27 (c) A person who is a state, municipal, or federal employee commissioned as a 28 limited governmental notary public may also be commissioned as a notary public 29 without limitation. 30 * Sec. 7. AS 44.50.020 is repealed and reenacted to read: 31 Sec. 44.50.020. Qualifications. To be commissioned as a notary public a 01 person 02 (1) must submit an application under AS 44.50.031; 03 (2) must be at least 18 years of age; 04 (3) must have established residency in this state under AS 01.10.055; 05 (4) must reside legally in the United States; 06 (5) may not have been convicted of a felony in this state or another 07 jurisdiction; 08 (6) may not have had a notary public commission revoked in this state 09 or another jurisdiction; 10 (7) may not have committed acts for which a notary public 11 commission may be denied or revoked under this chapter; and 12 (8) must meet the other requirements in this chapter to be 13 commissioned as a notary public. 14 * Sec. 8. AS 44.50 is amended by adding new sections to read: 15 Sec. 44.50.031. Application. (a) A person applying for a commission as a 16 notary public must submit a completed application as required by this section, using 17 the forms or format required by the lieutenant governor. 18 (b) A completed application for a commission under AS 44.50.010(a)(1) must 19 include 20 (1) an affirmation that the applicant meets the qualifications set out in 21 AS 44.50.020(2) - (7); 22 (2) the applicant's mailing and physical addresses, the applicant's 23 telephone number, if any, the applicant's employer or business, the physical address 24 and telephone number of the applicant's employer or business at the location where the 25 applicant works, and an electronic mailing address, if any, where the applicant can be 26 contacted; 27 (3) information concerning any denial, suspension, revocation, or 28 restriction of the applicant's commission as a notary public in this state or another 29 jurisdiction; that information must include 30 (A) identification of the jurisdiction; 31 (B) the date the jurisdiction issued the denial, suspension, 01 revocation, or restriction; 02 (C) the reasons for the denial, suspension, revocation, or 03 restriction; and 04 (D) information concerning final resolution of the matter; 05 (4) the applicant's notarized signature on the portion of the application 06 that contains the oath or affirmation required by AS 44.50.035; 07 (5) the fee required by AS 44.50.033; and 08 (6) the bond required by AS 44.50.034. 09 (c) A completed application for a commission under AS 44.50.010(a)(2) must 10 include 11 (1) a signed statement by the applicant's government employer that the 12 commission is needed for the purpose of conducting official government business; 13 (2) the applicant's mailing and physical addresses, the applicant's 14 telephone number, if any, and employer, the name, address, and telephone number for 15 the employer where the applicant works, and an electronic mailing address, if any, 16 where the applicant can be contacted; 17 (3) the affirmation, information, and signature required by (b)(1), (3), 18 and (4) of this section; and 19 (4) the fee required by AS 44.50.033. 20 Sec. 44.50.033. Application fee. A person applying for a commission as a 21 notary public shall pay a nonrefundable application fee of $40. However, an applicant 22 for a limited governmental notary public commission under AS 44.50.010(a)(2) who is 23 employed by the state may not be required to pay an application fee. 24 Sec. 44.50.034. Bond. (a) A person applying for a commission as a notary 25 public without limitation under AS 44.50.010(a)(1) must execute an official bond of 26 $1,000 and submit the bond with the application under AS 44.50.031. The bond must 27 be for a term of four years beginning with the date of commission as a notary public. 28 (b) The lieutenant governor shall keep a bond submitted under this section for 29 two years after the end of the term of the commission for which the bond was issued. 30 Disposition of the bond after the end of the commission does not affect the time for 31 starting an action on the bond. 01 Sec. 44.50.035. Oath. The application required by the lieutenant governor 02 under AS 44.50.031 must contain an oath or affirmation, in the form set out in 03 AS 39.05.045, to be signed by the applicant. A signed oath or affirmation submitted 04 in an application under AS 44.50.031 takes effect on the date of the applicant's 05 commission as a notary public under this chapter. 06 Sec. 44.50.036. Denial of applications. The lieutenant governor shall deny 07 an application for a notary public commission if the 08 (1) applicant does not meet the requirements of this chapter; 09 (2) application is not complete or contains a material misstatement or 10 omission of fact relating to the requirements for a commission under this chapter; 11 (3) applicant has been convicted of a felony in this state or another 12 jurisdiction; or 13 (4) applicant's commission as a notary public has been revoked in this 14 state for a reasons set out in AS 44.50.067, or in another jurisdiction for a substantially 15 similar reason. 16 Sec. 44.50.037. Certificate of commission. Upon commission of a notary 17 public under this chapter, the lieutenant governor shall provide to the notary public a 18 certificate of commission indicating the commission and the dates of the term of the 19 commission. 20 Sec. 44.50.038. Subsequent commissions. A notary public whose term of 21 commission is ending may apply for a new notary public commission by submitting a 22 new application under AS 44.50.031 and complying with the requirements of this 23 chapter. The lieutenant governor's approval of a new application for a commission for 24 a notary public without limitation under AS 44.50.010(a)(1) operates to terminate an 25 applicant's existing commission under that paragraph. 26 Sec. 44.50.039. Limited governmental notaries public. A state, municipal, 27 or federal employee commissioned as a notary public under AS 44.50.010(a)(2) 28 (1) is designated a limited governmental notary public; 29 (2) may perform notarial acts only in the conduct of official 30 government business; and 31 (3) may not charge or receive a fee or other consideration for notarial 01 services provided under this chapter. 02 * Sec. 9. AS 44.50.060 is amended to read: 03 Sec. 44.50.060. Duties. A notary public shall administer oaths and 04 affirmations, 05 [(1) WHEN REQUESTED, DEMAND ACCEPTANCE AND 06 PAYMENT OF FOREIGN AND INLAND BILLS OF EXCHANGE, OR 07 PROMISSORY NOTES, PROTEST THEM FOR NONACCEPTANCE AND 08 NONPAYMENT, AND EXERCISE THE OTHER POWERS AND DUTIES THAT 09 BY THE LAW OF NATIONS AND ACCORDING TO COMMERCIAL USAGES, 10 OR BY THE LAWS OF ANY OTHER STATE, GOVERNMENT, OR COUNTRY, 11 MAY BE PERFORMED BY NOTARIES; 12 (2)] take the acknowledgment of or proof of execution of [POWERS 13 OF ATTORNEY, MORTGAGES, DEEDS, GRANTS, TRANSFERS, AND OTHER] 14 instruments of writing, and give a notarial certificate of the proof or acknowledgment, 15 included in [ENDORSED ON] or attached to the instrument. The notarial [; THE] 16 certificate shall be signed by the notary in the notary's own handwriting [; 17 (3) TAKE DEPOSITIONS AND AFFIDAVITS, AND ADMINISTER 18 OATHS AND AFFIRMATIONS, IN ALL MATTERS INCIDENT TO THE DUTIES 19 OF THE OFFICE, OR TO BE USED BEFORE A COURT, JUDGE, OFFICER, OR 20 BOARD IN THE STATE; A DEPOSITION, AFFIDAVIT, OATH, OR 21 AFFIRMATION SHALL BE SIGNED BY THE NOTARY IN THE NOTARY'S 22 OWN HANDWRITING, AND THE NOTARY SHALL ENDORSE AFTER THE 23 SIGNATURE THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION]. 24 * Sec. 10. AS 44.50 is amended by adding new sections to read: 25 Sec. 44.50.061. Prohibited acts. A notary public may not 26 (1) violate state or federal law in the performance of acts authorized by 27 this chapter; 28 (2) influence a person to enter into or avoid a transaction involving a 29 notarial act by the notary public; 30 (3) affix the notary public's signature or seal on a notarial certificate 31 that is incomplete; 01 (4) charge a fee for a notarial act unless a fee schedule has been 02 provided to the signer before the performance of the notarial act; 03 (5) affix the notary public's official seal to a document, unless the 04 person who is to sign the document 05 (A) appears and signs the document before the notary public, 06 or, for an acknowledgment, appears and indicates to the notary that the person 07 voluntarily affixed the person's signature on the document for the purposes 08 stated within the document; 09 (B) gives an oath or affirmation, if required under law or if the 10 notarial certificate states that the document was signed under oath or 11 affirmation; and 12 (C) is personally known to the notary public, produces 13 government-issued identification containing the photograph and signature of 14 the person signing, or produces 15 (i) government-issued identification containing the 16 signature of the person signing, but without a photgraph; and 17 (ii) another valid identification containing the 18 photograph and signature of the person signing. 19 Sec. 44.50.062. Official signature. (a) When performing a notarization, a 20 notary public shall 21 (1) sign in the notary public's own handwriting on the notarial 22 certificate exactly and only the name indicated on the notary public's commission 23 certificate; a notary public may not sign through the use of a facsimile stamp or an 24 electronic or graphic printing method; and 25 (2) affix the official signature only at the time the notarial act is 26 performed. 27 (b) A notary public shall comply in a timely manner with a request by the 28 lieutenant governor to supply a current sample of the notary public's official signature. 29 Sec. 44.50.063. Official seal. (a) A notary public shall keep an official seal 30 that is the exclusive property of the notary public and shall ensure that the official seal 31 is not possessed or used by any other person. 01 (b) A notary public's official seal 02 (1) must contain the following: 03 (A) the notary public's name exactly as indicated on the notary 04 public's commission certificate; 05 (B) the words "Notary Public" and "State of Alaska"; and 06 (2) may be circular, not over two inches in diameter, or may be a 07 rectangular form not more than one inch in width by two and one-half inches in 08 length. 09 (c) When not in use, a notary public's official seal shall be kept in a secure 10 area under the exclusive control of the notary public. 11 (d) Within 10 days after a notary public's official seal is stolen or lost, the 12 notary public shall provide the lieutenant governor with written notification of the 13 theft or loss. 14 (e) In order to avoid misuse, a notary public's official seal shall be destroyed 15 or defaced 16 (1) upon the notary public's resignation or death; 17 (2) upon the revocation or termination by the lieutenant governor of 18 the notary public's commission; or 19 (3) if the notary public's term of commission ends and the notary 20 public has not received a new commission under this chapter. 21 Sec. 44.50.064. Seal impression. (a) A sharp, legible, photographically 22 reproducible impression or depiction of a notary public's official seal 23 (1) must be affixed on the notarial certificate of each paper document 24 notarized, near the notary public's official signature; and 25 (2) may be affixed only at the time the notarial act is performed. 26 (b) Illegible information within a seal impression or depiction may be typed or 27 printed legibly by the notary public adjacent to, but not within, the impression or 28 depiction. 29 (c) An embossed seal impression that is not photographically reproducible 30 may be used in addition to, but not in place of, the seal impression or depiction 31 required by (a) of this section. 01 Sec. 44.50.065. Notary status notification. (a) Within 10 days after change 02 of a notary public's name, mailing address, or physical address, the notary public shall, 03 on a form provided by the lieutenant governor, submit written notification of the 04 change, signed by the notary public. 05 (b) The lieutenant governor may require limited governmental notaries public 06 commissioned under AS 44.50.010(a)(2) who change departmental or agency 07 employers to submit written notification of the change on a form provided by the 08 lieutenant governor. 09 (c) A notary public commissioned under AS 44.50.010(a)(1) reporting a name 10 change shall submit payment of a $5 name change fee for the issuance of a 11 replacement certificate of commission. 12 (d) A notary public reporting a name change under (a) and (c) of this section 13 shall use the person's former name for the performance of notarial acts until the person 14 has 15 (1) provided written notification of the name change to the surety for 16 any required under AS 44.50.034; 17 (2) received a replacement certificate of commission from the 18 lieutenant governor, reflecting the name change; and 19 (3) obtained a new seal reflecting the name change. 20 (e) The lieutenant governor may require a notary public to update the 21 information required under AS 44.50.031, including the notary public's current 22 notarized signature. 23 Sec. 44.50.066. Resignation. (a) To resign a commission, a notary public 24 must notify the lieutenant governor in writing of the resignation and of the date that it 25 is effective. The notary public must sign the notification. 26 (b) A notary public who no longer meets the requirements of this chapter to be 27 a notary public shall immediately resign the commission. 28 Sec. 44.50.067. Disciplinary action. The lieutenant governor may suspend or 29 revoke a notary public's commission or reprimand a notary public for good cause 30 shown, including 31 (1) any ground on which an application for a commission may be 01 denied; 02 (2) failure to comply with this chapter; and 03 (3) incompetence or misfeasance in carrying out the notary public's 04 duties under this chapter. 05 Sec. 44.50.068. Complaint; hearing; appeal. (a) A person harmed by the 06 actions of a notary public may file a complaint with the lieutenant governor. The 07 complaint shall be filed on a form prescribed by the lieutenant governor and shall be 08 signed and verified by the person alleging misconduct on the part of the notary public. 09 (b) If the lieutenant governor determines that the allegations in the complaint 10 do not warrant formal disciplinary action, the lieutenant governor may decline to act 11 on the complaint or may advise the notary public of the appropriate conduct and the 12 applicable statutes and regulations governing the conduct. The lieutenant governor 13 shall notify the complainant of the determination. 14 (c) If the lieutenant governor determines that the complaint alleges sufficient 15 facts to constitute good cause for disciplinary action, the lieutenant governor shall 16 notify the notary public of the filing of the complaint and send a copy of the complaint 17 to the notary public. The notary public shall submit a written response to the 18 complaint to the lieutenant governor within 20 days after the lieutenant governor sends 19 the complaint. The lieutenant governor may extend the time for a notary public's 20 response by up to 20 additional days. The lieutenant governor shall provide a copy of 21 the notary public's response to the complainant. 22 (d) The lieutenant governor shall review the complaint and the response to 23 determine whether formal disciplinary action may be warranted. The lieutenant 24 governor may determine that the allegations in the complaint do not warrant formal 25 disciplinary action, in which case the lieutenant governor may determine to take no 26 further action on the complaint or may determine to advise the notary public of the 27 appropriate conduct and the applicable statutes and regulations governing the conduct. 28 If the lieutenant governor determines that no formal disciplinary action is warranted, 29 the lieutenant governor shall provide the complainant and the notary public with a 30 written statement of the basis for the determination. 31 (e) If the lieutenant governor finds that formal disciplinary action may be 01 warranted, the lieutenant governor shall appoint an independent hearing officer to 02 consider the complaint and the response, to provide the complainant and the notary 03 public with an opportunity for a telephonic or in-person hearing before the hearing 04 officer within a reasonable time after a hearing is requested, and to provide to the 05 lieutenant governor a proposed decision including proposed disciplinary action. The 06 lieutenant governor may adopt the hearing officer's proposed decision in its entirety, 07 may adopt portions of the proposed decision and modify the proposed disciplinary 08 action, may decide the case upon the record generated from the hearing, or may refer 09 the case to the same or another hearing officer to take additional evidence and decide 10 the case upon the record generated from the hearing and the additional evidence. 11 (f) The lieutenant governor may delegate the powers under AS 44.50.067 and 12 this section. 13 (g) An appeal from a decision of the lieutenant governor under this section 14 shall be in accordance with the procedures set out in AS 44.62 (Administrative 15 Procedure Act). 16 Sec. 44.50.069. Regulations. The lieutenant governor may adopt regulations 17 under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this 18 chapter. 19 * Sec. 11. AS 44.50 is amended by adding a new section to read: 20 Sec. 44.50.071. Confidentiality. (a) An address, telephone number, and 21 electronic mail address of a notary public or an applicant that is submitted under 22 AS 44.50.031 or 44.50.038 and that is designated by the notary public or applicant as 23 personal and confidential shall be kept confidential. However, each notary public 24 must provide a non-confidential address and telephone number at which the notary 25 public can be contacted. 26 (b) Compilations and databases of those addresses, telephone numbers, and 27 electronic mail addresses of notaries public that are held confidential under (a) of this 28 section shall be kept confidential, except that the lieutenant governor may disclose 29 compilations and databases if the lieutenant governor determines that disclosure is in 30 the public interest. 31 (c) A complaint filed under AS 44.50.068 shall be kept confidential unless the 01 lieutenant governor determines under AS 44.50.068(c) that the complaint alleges 02 sufficient facts to constitute good cause for disciplinary action. 03 * Sec. 12. AS 44.50 is amended by adding a new section to read: 04 Sec. 44.50.900. Definitions. In this chapter, unless the context otherwise 05 requires, 06 (1) "acknowledgment" means a notarial act in which an individual at a 07 single time and place 08 (A) appears in person before the notary and presents a 09 document; 10 (B) is personally known to the notary or identified by the 11 notary through satisfactory evidence; and 12 (C) in the case of 13 (i) a natural person, acknowledges that the person 14 executed the instrument for the purposes stated in it; 15 (ii) an officer or agent of a corporation, acknowledges 16 that the person held the position or title set out in the instrument and 17 certificate, signed the instrument on behalf of the corporation by proper 18 authority, and the instrument was the act of the corporation for the 19 purposes stated in it; 20 (iii) a partner or agent of a partnership, acknowledges 21 that the person signed the instrument on behalf of the partnership by 22 proper authority and executed the instrument as the act of the 23 partnership for the purposes stated in it; 24 (iv) a member or agent of a limited liability company, 25 acknowledges that the person signed the instrument on behalf of the 26 limited liability company by proper authority and executed the 27 instrument as the act of the limited liability company for the purposes 28 stated in it; 29 (v) a person acknowledging as a principal by an 30 attorney in fact, acknowledges that the person executed the instrument 31 by proper authority as the act of the principal for the purposes stated in 01 it; and 02 (vi) a person acknowledging as a public officer, trustee, 03 administrator, guardian, or other representative, acknowledges that the 04 person signed the instrument in the capacity and for the purposes stated 05 in it; 06 (2) "notarial act" means any act that a notary public is authorized to 07 perform under AS 09.63.120 or AS 44.50.060; 08 (3) "notary public" means a person commissioned to perform notarial 09 acts under this chapter. 10 * Sec. 13. AS 44.50.030, 44.50.040, 44.50.070, 44.50.080, 44.50.090, 44.50.100, 11 44.50.110, 44.50.120, 44.50.130, 44.50.140, 44.50.170, and 44.50.190 are repealed. 12 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICABILITY. (a) AS 44.50.010, repealed and reenacted by sec. 6 of this Act, 15 and AS 44.50.031, 44.50.033, 44.50.035, 44.50.036, 44.50.037, and 44.50.039, enacted by 16 sec. 8 of this Act, do not apply to a notary public whose commission is in effect on the day 17 before the effective date of secs. 1 - 13 of this Act until the notary public's term of office 18 expires under former AS 44.50.030, the notary public resigns under AS 44.50.066, enacted by 19 sec. 10 of this Act, or the notary public's commission is revoked under AS 44.50.067, enacted 20 by sec. 10 of this Act. 21 (b) Notwithstanding (a) of this section, if a notary public whose commission is in 22 effect on the day before the effective date of secs. 1 - 13 of this Act is or has been convicted, 23 before the notary public's term of office expires under former AS 44.50.030, of a crime for 24 which the lieutenant governor may deny an application under AS 44.50.036(3), enacted by 25 sec. 8 of this Act, the lieutenant governor may take an action under AS 44.50.067, enacted by 26 sec. 10 of the Act, against the notary public. 27 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TRANSITION: REGULATIONS. The lieutenant governor may proceed to adopt 30 regulations necessary to implement the changes made by this Act. The regulations take effect 31 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 01 respective statutory change. 02 * Sec. 16. Section 15 of this Act takes effect immediately under AS 01.10.070(c). 03 * Sec. 17. Except as provided in sec. 16 of this Act, this Act takes effect July 1, 2004.