CSSSHB 92(JUD): "An Act relating to notaries; and providing for an effective date."
00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 92(JUD) 01 "An Act relating to notaries; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 09.63.030(c) is amended to read: 04 (c) If the document is sworn to or affirmed before a notary public of the state, 05 the notary public shall 06 (1) endorse after the signature of the notary public 07 (A) the date of expiration of the notary's commission; 08 (B) the date of the notarization; and 09 (C) the city where the notarization was performed; 10 (2) place [PRINT OR EMBOSS] the notary's seal on the document; 11 (3) comply with AS 44.50 [AS 44.50.060 - 44.50.080] or other 12 applicable law. 13 * Sec. 2. AS 09.63.040(d) is repealed and reenacted to read: 14 (d) If the verification is sworn to or affirmed before a notary public of the
01 state, the notary public shall comply with AS 09.63.030(c). 02 * Sec. 3. AS 09.63.100(b) is repealed and reenacted to read: 03 (b) If a document is acknowledged before a notary public of the state, the 04 notary public shall comply with AS 09.63.030(c). 05 * Sec. 4. AS 44.50.020 is amended by adding a new subsection to read: 06 (b) A person may not be appointed and commissioned a notary public under 07 AS 44.50.010 if the person has been convicted within five years before applying for 08 the appointment of a crime involving theft, dishonesty, fraud, deceit, or 09 misrepresentation. 10 * Sec. 5. AS 44.50.060 is amended to read: 11 Sec. 44.50.060. DUTIES. A notary public shall 12 (1) when requested, demand acceptance and payment of foreign and 13 inland bills of exchange, or promissory notes, protest them for nonacceptance and 14 nonpayment, and exercise the other powers and duties that by the law of nations and 15 according to commercial usages, or by the laws of any other state, government, or 16 country, may be performed by notaries; 17 (2) take the acknowledgment or proof of powers of attorney, mortgages, 18 deeds, grants, transfers, and other instruments of writing, and give a certificate of the 19 proof or acknowledgment, endorsed on or attached to the instrument; [THE 20 CERTIFICATE SHALL BE SIGNED BY THE NOTARY IN THE NOTARY'S OWN 21 HANDWRITING;] 22 (3) take depositions and affidavits, and administer oaths and 23 affirmations, in all matters incident to the duties of the office, or to be used before a 24 court, judge, officer, or board in the state; 25 (4) keep a journal under AS 44.50.095 of the notarial acts 26 performed by the notary [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. 6. AS 44.50.060 is amended by adding a new subsection to read: 31 (b) When a notarial act requires the signature of a notary, the notary shall sign
01 the document and comply with AS 09.63.030(c). 02 * Sec. 7. AS 44.50 is amended by adding a new section to read: 03 Sec. 44.50.065. DISQUALIFICATIONS. A notary is disqualified from 04 performing a notarial act if the notary 05 (1) is a signer of or named in the document that is to be notarized; 06 (2) will receive directly from a transaction connected with the notarial 07 act a commission, advantage, right, title, interest, cash, property, or other consideration 08 exceeding in value the normal fee charged by the notary for the notarial act; or 09 (3) is related to the person whose signature is to be notarized as a 10 spouse, sibling, or lineal ascendant or descendant to the second degree of kindred. 11 * Sec. 8. AS 44.50 is amended by adding new sections to read: 12 Sec. 44.50.072. IMPARTIALITY. A notary may not influence a person to 13 enter or not enter into a lawful transaction involving a notarial act by the notary. 14 Sec. 44.50.074. FALSE CERTIFICATE. A notary may not execute a 15 certificate containing a statement known by the notary to be false or perform an 16 official action with intent to deceive or defraud. 17 Sec. 44.50.076. TESTIMONIALS. A notary may not use the notary's title or 18 seal to endorse or promote a product, service, contest, or other offering. 19 Sec. 44.50.078. UNAUTHORIZED PRACTICE. (a) Unless the notary is an 20 attorney, a notary may not select a notarial certificate, assist another person to select, 21 draft, or understand a notarial certificate, or assist another person to understand a 22 transaction requiring a notarial act. 23 (b) This section does not prohibit a notary who is qualified in, and, if required, 24 licensed to practice, a particular profession from giving advice relating to matters in 25 that professional field. 26 (c) A notary may not make representations to have powers, qualifications, 27 rights, or privileges that the office of notary does not have. 28 * Sec. 9. AS 44.50.080(b) is repealed and reenacted to read: 29 (b) A notary public seal must be on a stamp, contain the information required 30 by (a) of this section, and be printed in black ink. The seal may be circular and not 31 over two inches in diameter, or may be rectangular and not over an inch wide and two
01 and one-half inches long. 02 * Sec. 10. AS 44.50 is amended by adding a new section to read: 03 Sec. 44.50.095. NOTARY JOURNAL. (a) A notary public shall maintain and 04 preserve a chronological, permanently bound journal of the notarial acts performed 05 by the notary and shall retain the journal for a minimum of six years after the date of 06 the last entry in the journal. 07 (b) When a notary performs a notarial act, the notary shall record in the 08 journal at the time of the notarial act at least 09 (1) the date of the notarial act; 10 (2) the type of notarial act; 11 (3) a description of the document or proceeding that is the subject of 12 the notarial act; 13 (4) the name, address, and signature of each person for whom a notarial 14 act is performed; and 15 (5) a description of the evidence used to identify each person for whom 16 a notarial act is performed. 17 (c) If a notary refuses to perform or complete a notarial act because the 18 particular act cannot be performed or completed in compliance with this chapter, the 19 notary shall record the circumstances of the refusal in the journal. 20 (d) The journal is an official record that is available at reasonable times and 21 in the notary's presence for public inspection or reproduction. A notary may charge 22 a fee for reproducing pages of the journal. 23 (e) A notary shall keep the journal in the exclusive custody of the notary. The 24 journal of a notary may not be used by another notary. 25 * Sec. 11. AS 44.50.100 is repealed and reenacted to read: 26 Sec. 44.50.100. ADDRESS PROVIDED TO OFFICE OF LIEUTENANT 27 GOVERNOR. If a notary public resigns, is disqualified, is removed from office, or 28 permanently moves from the state, or if a notary public's commission is not reissued 29 when it expires, the notary shall inform the office of the lieutenant governor of the 30 notary's current address. If a notary public dies, the next of kin or the personal 31 representative of the notary shall notify the office of the lieutenant governor of the
01 address where the notary's seal and public papers related to the notary commission are 02 located. 03 * Sec. 12. AS 44.50.110 is amended to read: 04 Sec. 44.50.110. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT 05 [TO REVOCATION OF NOTARY COMMISSION]. The procedures set out in the 06 Administrative Procedure Act (AS 44.62) shall be followed in the revocation of the 07 commission of a notary public and in the adoption of regulations under this 08 chapter. 09 * Sec. 13. AS 44.50 is amended by adding a new section to read: 10 Sec. 44.50.185. REGULATIONS AND HANDBOOK. (a) The lieutenant 11 governor may adopt regulations to carry out the purposes of this chapter. The 12 regulations must include standards for the revocation of the commission of a notary. 13 (b) The lieutenant governor shall produce a handbook for notaries and 14 distribute the handbook to each person who is appointed and commissioned a notary 15 public under this chapter. The handbook must contain a summary of the provisions 16 of this chapter and the regulations adopted under this chapter. 17 * Sec. 14. AS 44.50 is amended by adding a new section to read: 18 Sec. 44.50.200. DEFINITION. In this chapter, "notary" means notary public. 19 * Sec. 15. TRANSITIONAL PROVISION. Notwithstanding AS 44.50.080(b), amended 20 by sec. 9 of this Act, a person who has a valid notary public commission on July 1, 1993, 21 may use a stamp with an ink color other than black or a seal press until the person's 22 commission that is in effect on July 1, 1993, terminates. 23 * Sec. 16. This Act takes effect July 1, 1993.